GLENS FALLS INS. v. SCHWAB BROS.


55 Misc.2d 324 (1967)

Glens Falls Insurance Company, in Behalf of Itself and in Behalf of All Other Persons Entitled to Share in the Funds Received or to be Received by Schwab Bros. Trucking, Inc., Subcontractor, from Depew Paving Co., Inc., Prime Contractor, Plaintiff, v. Schwab Bros. Trucking, Inc., et al., Defendants.

Supreme Court, Erie County.

November 16, 1967


Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Mark N. Turner of counsel), for plaintiff. Eugene C. Tenney for Schwab Bros. Trucking, Inc., and others, defendants. Robert S. Weinstein for Nathan Benderson, individually and doing business as Bison Factors Co., defendant.


WILLIAM B. LAWLESS, J.

Plaintiff moves (1) for a protective order with respect to defendant Benderson's notice to produce, dated March 13, 1967, and (2) to stay examination of plaintiff, notice of which examination is dated October 9, 1967.

On December 17, 1965, defendant Benderson moved before this court for an order requiring plaintiff to produce certain documents and for the examination of an officer of plaintiff to be examined with respect...

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