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NICOWSKI v. NICOSKI

50 Misc.2d 167 (1966)

Stanley Nicowski, Plaintiff, v. Jacob Nicoski et al., Defendants.

Supreme Court, Erie County.

May 4, 1966

Attorney(s) appearing for the Case

Barth, Sullivan & Lancaster (John J. Sullivan, Jr., of counsel), for plaintiff. Pacini, Runfola & Pierino (Joseph P. Runfola of counsel), for defendants.

MICHAEL CATALANO, J.

Plaintiff moves to examine mentally defendant, Jacob Nicoski (herein called "Jacob"); defendants cross-move for an order vacating the notice to submit to a mental examination served on April 18, 1966.

The complaint alleges that Jacob owns certain real property in Erie County, New York, which he has offered for sale, acting under the undue influence of defendant, John Nicowski (herein called "John"); that Jacob is "not of sound...

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