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KINNEY v. FIRST BAPTIST CHURCH

45 Misc.2d 656 (1965)

Kenneth R. Kinney, Plaintiff, v. First Baptist Church of Johnson City, Defendant.

County Court, Broome County.

March 22, 1965

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Robert H. Reeder of counsel), for defendant. Dann, Cochran & Nachsin (Stanley B. Reiter of counsel), for plaintiff.

JOHN M. KEANE, J.

By notice dated January 7, 1965, the defendant has requested under CPLR 3102 and 3110 an oral examination of the plaintiff with respect to evidence material and necessary in the defense of this action.

Plaintiff has moved under CPLR 3103 to vacate the notice to take his testimony or, in the alternative, to modify said notice upon the ground that he is now a resident of the State of...

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