HAPPELL v. GENOESE


35 Misc.2d 939 (1962)

James Happell et al., as Members of Local 1, United Telephone Organization, Suing on Behalf of Themselves and All Other Members of Local 1, United Telephone Organization, Similarly Situated, Plaintiffs, v. William Genoese, Individually and as Secretary-Treasurer of Local 1, United Telephone Organization, et al., Defendants.

Supreme Court, Special Term, Queens County.

June 21, 1962


Attorney(s) appearing for the Case

Cooper, Ostrin, De Varco & Ackerman for plaintiffs. Mayer, Weiner & Mayer for defendants.


GEORGE P. STIER, J.

Plaintiffs move to vacate a notice to examine before trial one Morton Bahr "as an agent and employee of the plaintiffs and, or, as a hostile witness". Defendants cross-move to add the Communications Workers of America as a party to this proceeding.

The plaintiffs, in support of their motion, contend that Morton Bahr is not a party nor is he an agent or employee of a party within the...

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