BECANNON v. SMITH


31 A.D.2d 810 (1969)

Winston C. Becannon, as Executor of Frank Hartl, Deceased, Respondent, v. Vincent P. Smith, Appellant, et al., Defendants

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

February 3, 1969


Judgment reversed and order reversed insofar as appealed from, on the law and the facts, with $50 costs and disbursements to plaintiff; and plaintiff's motion to strike out appellant's answer denied, on condition that appellant (a) give an undertaking of $10,000, with corporate surety, within 20 days after entry of the order hereon, that he will pay any judgment which plaintiff may procure against him in this action; (b) will submit to examination and produce books and papers...

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