ALBANO v. SCHWAB BROS. TRUCKING, INC.


27 A.D.2d 901 (1967)

Philip Albano, Respondent, v. Schwab Bros. Trucking, Inc., et al., Defendants, and Glens Falls Insurance Co., et al., Appellants

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

March 30, 1967


Order unanimously modified in accordance with memorandum and as modified affirmed, without costs.

Memorandum:

Suit had not been commenced on any of the matters now in litigation at the time the statements sought were made but creditors of defendant Schwab were threatening suit if they were not paid. It appears that counsel was retained by Glens Falls Insurance Co. in contemplation of litigation and that the written statements of Baker and Wykoff requested...

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