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RUGBY EXCAVATORS, INC. v. JULIANO

40 A.D.2d 1024 (1972)

Rugby Excavators, Inc., et al., Respondents, v. Alfonso Juliano et al., Defendants, and Nunzi Juliano et al., Appellants

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

December 26, 1972

Both orders reversed, with one bill of $10 costs and disbursements; motion of the appealing defendants granted; and plaintiffs' application for a preference denied.

Defendants sought to examine plaintiff Rugby Excavators, Inc., before trial, but this plaintiff refused to submit thereto, claiming that it is now "defunct", albeit not judicially dissolved, and that a corporation cannot be examined through its former officers...

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