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KANDEL v. TOCHER

22 A.D.2d 513 (1965)

Lawrence Kandel, Respondent, v. Louis Tocher, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 4, 1965.

Attorney(s) appearing for the Case

Emanuel Morgenbesser (Lewis I. Wolf and Nathan Cyperstein of counsel; Henry Wolfman, attorney), for appellant.

M. William Mach for respondent.

RABIN, VALENTE, EAGER and BASTOW, JJ., concur.

BREITEL, J. P.

In this negligence action plaintiff sues to recover damages for personal injuries sustained while a passenger in defendant's motor vehicle. The action is defended, in fact, by defendant's insurer.

Defendant appeals from an order denying his motion for a protective order pursuant to CPLR 3103 and 3122 to preclude plaintiff's notice given under CPLR 3101 and 3120 for the production of a copy...

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