ABBOTT v. SOUTH BUFFALO R.R. CO.


28 A.D.2d 1084 (1967)

Mary R. Abbott, as Administrator of The Estate of Nicholas P. Athans, Deceased, Respondent, v. South Buffalo Railroad Company et al., Appellants

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

October 26, 1967


Order unanimously modified by striking from the second ordering paragraph the words "separately and not in the presence of each other" and, as so modified, affirmed without costs to any party.

Memorandum:

In the exercise of a proper discretion Special Term should have denied so much of plaintiff's motion as sought pretrial examination of the members of the train crew of defendant railroad company separate and apart from each other. The record contains statements...

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