PAGAN v. LITTLE CAB CORP.


15 A.D.2d 766 (1962)

Ralph Pagan et al., Respondents, v. Little Cab Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1962


Order, entered on June 16, 1961, insofar as appealed from, unanimously modified, on the law and in the exercise of discretion, with $20 costs and disbursements to the appellant, to the extent of deleting therefrom the direction that defendant move for an examination before trial of the moving plaintiff; and otherwise the order is affirmed.

It was an improvident exercise of discretion, apart from any question of lack of power...

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