COOMBS v. ROWAND


39 A.D.2d 532 (1972)

William R. Coombs et al., Respondents, v. Robert E. Rowand, Appellant, et al., Defendant

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

April 20, 1972


Reversed, on the law, and the motion denied. Appellant shall recover of respondents $30 costs and disbursements of this appeal.

The order precludes the defendant from offering the testimony of his wife unless she is produced for examination before trial as a witness in accord with the terms of the order. The wife has not been served with process and is not a party to the action. A prior order allowed her examination as a witness, impliedly finding special circumstances...

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