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DI GERONIMO v. PLOTNICK

39 Misc.2d 497 (1963)

Janet Di Geronimo et al., Plaintiffs, v. Marvin Plotnick et al., Defendants.

Civil Court of the City of New York, Kings County.

May 29, 1963

Attorney(s) appearing for the Case

Herman E. Brookman for plaintiffs. Raymond J. MacDonnell for Marvin Plotnick, defendant. John J. O'Connor for Alvin Appleman, defendant.

HARRY GITTLESON, J.

This motion is treated as one wherein a defendant in a negligence action seeks an order directing a codefendant to appear for an examination before trial pursuant to notice heretofore served.

The codefendant challenges the power of the court to grant such motion upon the ground that in this Department an examination before trial of a codefendant is not permitted in which no cross complaint has been served. (Johansen v. Gray...

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