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HACKBARTH v. SCHOECK

45 Misc.2d 120 (1965)

Raymond W. Hackbarth, Plaintiff, v. Paul Schoeck, Defendant.

Supreme Court, Special Term, Onondaga County.

January 28, 1965

Attorney(s) appearing for the Case

MacKenzie, Smith, Lewis, Michell & Hughes (Raymond W. Hackbarth of counsel), for plaintiff. Higgins, Kelsen, O'Hara & Young (Alton C. O'Hara of counsel), for defendant.

RICHARD D. SIMONS, J.

Plaintiff moves for examination before trial of two employees of Schoeck Builders, Inc., pursuant to article 31 of CPLR.

Plaintiff contracted with the defendant to build a home. Fred Schoeck and Richard Schoeck were employed by defendant. Subsequent to the construction, a dispute arose between the parties in which the plaintiff charged the defendant with breach of contract. After the commencement of this action, defendant...

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