MARKOWITZ v. FEIN


36 A.D.2d 707 (1971)

Naomi B. Markowitz, Individually and as Administratrix of The Estate of Rubin Markowitz, Deceased, et al., Respondents, v. Irving Fein, as Committee of The Estate of Mark Fein, Respondent, and William Tishman, Appellant

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

March 16, 1971


Appellant shall recover of defendant-respondent $30 costs and disbursements of this appeal.

In this wrongful death action, the attorneys for the defendant already have in their possession, the minutes of the trial wherein the appellant testified; in the instant action he is not a party, and subjecting him to a pretrial examination on matters already known to the defendant, would be a needless...

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