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DAVIS SPORTSWEAR v. PARKER, DURYEE

49 Misc.2d 77 (1966)

Davis Sportswear, Inc., Plaintiff, v. Parker, Duryee, Benjamin, Zunino & Malone et al., Defendants.

Supreme Court, Special Term, New York County.

January 12, 1966

Attorney(s) appearing for the Case

Davis Polk Wardwell Sunderland & Kiendl (S. Hazard Gillespie of counsel), for defendants. Lester A. Lazarus for plaintiff.

ABRAHAM N. GELLER, J.

Motion by defendants for an order pursuant to CPLR 8301 (subd. [b]) directing plaintiff to pay them for the "reimbursement" of a stated sum to a witness, is denied without prejudice to a plenary action, if the witness be so advised. The sum requested, $544, represents the witness' expenses and loss sustained in attendance and travel to New York in response to plaintiff's motion to take his...

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