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GELBER v. NEW YORK CENT. SYS.

38 A.D.2d 686 (1971)

Alexander Gelber, as Parent and Natural Guardian of Martin Gelber and Another, Infants, et al., Respondents, v. New York Central System, Appellant Alexander Gelber et al., Respondents, v. New York Central System, Appellant

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

December 9, 1971

Order unanimously reversed, without costs, and motion denied.

Memorandum:

Plaintiffs sued defendant claiming that on December 29, 1965 they sustained injuries as the result of the negligence of the defendant, while they were passengers on its railroad. They applied to Special Term for an order, pursuant to CPLR 3107, requiring defendant to produce an employee to be examined concerning the disposition of assets, special funds, agreements and proceeds set aside...

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