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BALSAM v. FRANK NICOLOSI BLDG. CO., INC.

36 A.D.2d 533 (1971)

Denise Balsam, an Infant, by Frances Balsam, Her Parent and Natural Guardian, et al., Respondents, v. Frank Nicolosi Building Co., Inc., et al., Defendants, and Molloy & Murray Contracting Co., Appellant

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

January 25, 1971

Order reversed, with $10 costs and disbursements to respondents; and motion denied and answer of defendant Molloy & Murray Contracting Co. reinstated upon condition that said defendant be precluded from calling any witness on its behalf unless plaintiffs shall be accorded the right to examine such witness at least 20 days before trial.

Under the circumstances of this case we do not feel that the conduct of counsel or...

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