LUNDY v. FID. & CAS. CO. OF NEW YORK


35 A.D.2d 723 (1970)

Frederick W. I. Lundy, Appellant-Respondent, v. Fidelity & Casualty Company of New York, Respondent-Appellant

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

October 5, 1970


Order modified (1) by striking the word "granted" from the first decretal paragraph thereof, which determined plaintiff's motion to vacate said notices for pretrial examination of two witnesses, and (2) by substituting therefor the word "denied". As so modified, order affirmed insofar as appealed from, with $10 costs and disbursements to defendant.

The examinations of the two witnesses shall proceed at the place designated in the notices to examine, at such times...

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