HICKORY IND., CANADA v. HICKORY IND.


42 Misc.2d 709 (1964)

Hickory Industries of Canada, Inc., Plaintiff, v. Hickory Industries, Inc., Defendant.

Supreme Court, Special Term, New York County.

March 12, 1964


Attorney(s) appearing for the Case

Wager & Shane (Eli Wager and Jerome Ehrlich of counsel), for defendant. Nicholas Ujlaki for plaintiff.


ABRAHAM N. GELLER, J.

This motion involves the question of priority of examination before trial. Plaintiff is a foreign corporation. Sixteen days after service of the summons and complaint defendant obtained an order for security for costs to be given by plaintiff. About two months thereafter plaintiff, having been given permission for late filing of the undertaking, simultaneously served with a copy of the undertaking a notice to examine defendant before...

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