SCHWEIGARD v. CONSOL. EDISON CO. OF NEW YORK, INC.


23 A.D.2d 649 (1965)

Louise B. Schweigard, as Executrix of Arthur J. Schweigard, Deceased, et al., Respondents, v. Consolidated Edison Company of New York, Inc., et al., Appellants

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

March 18, 1965


Order, entered on December 16, 1964, granting plaintiffs' motion to take and perpetuate the testimony of a witness, unanimously reversed, on the law and on the facts, with $30 costs and disbursements to defendants-appellants, and the motion denied.

This action was commenced in June, 1962. In October, 1963 a note of issue and a statement of readiness were filed and a general preference granted. On November 16, 1964 plaintiffs moved for leave to take the testimony of...

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