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COYNE v. STATE FARM FIRE CO.

50 Misc.2d 58 (1966)

Francis W. Coyne, Plaintiff, v. State Farm Fire and Casualty Company, Defendant.

City Court, City of Syracuse.

May 9, 1966

Attorney(s) appearing for the Case

Hancock, Ryan, Shove & Hust (Donald P. McCarthy of counsel), for plaintiff. Bond, Schoeneck & King (James E. Wilber of counsel), for defendant.

TONY MANCUSO, J.

This is a motion by plaintiff for relief under CPLR 3123 (subd. [c]), seeking payment of certain expenses and attorney's fees incurred in connection with the testimony of the witness, Clara Jean Rogers. At the trial, the plaintiff received a verdict.

A notice to admit was served by mail on January 3, 1966 upon defendant's attorneys. On January 21, 1966, attorney James E. Wilber, who tried the case for the defendant, advised attorney...

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