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VOSS v. APPOLO PASTRY CO.

46 Misc.2d 145 (1965)

Gustave Voss, Individually and as a Stockholder of Appolo Pastry Co., Inc., Suing on Behalf of Himself and All Other Stockholders Similarly Situated, Plaintiff, v. Appolo Pastry Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

April 30, 1965

Attorney(s) appearing for the Case

Philip Smith for plaintiff. Ferris, Adams & Creidy for defendants.

FRANK S. SAMANSKY, J.

Plaintiff moves for a protective order vacating defendants' notice of examination before trial on the ground that it violates CPLR 3106 (subd. [a]). This derivative stockholder's action was commenced on March 24, 1965. On March 31, 1965 and prior to answer defendants served on plaintiff's attorney a notice to take the deposition of the plaintiff. The answer was served on April 12, 1965...

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