LINDNER v. WITTY


35 A.D.2d 693 (1970)

Jack Lindner, Respondent, v. Arthur B. Witty, Appellant, et al., Defendants

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

October 6, 1970


Order entered on May 13, 1970, denying motion to renew a prior motion for a protective order and granting plaintiff-respondent's cross motion to strike the answer is unanimously modified on the law and the facts, and plaintiff-respondent's consent, to the extent of granting the cross motion, unless the defendant Witty, individually and as a member of the partnership, shall appear and submit to examination at Special Term, Part II, on a day to be fixed in the order to be settled...

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