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SHUTT v. POOLEY

43 A.D.2d 59 (1973)

William J. Shutt, as Administrator of The Estate of William R. Shutt, Deceased, Appellant, v. Walter W. Pooley, Sr., Respondent

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

November 29, 1973.

Attorney(s) appearing for the Case

John Arneson for appellant.

Costello, Cooney & Fearon (Raymond R. D'Agostino of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., SWEENEY and KANE, JJ., concur.

COOKE, J.

This is an appeal from an order of the Supreme Court at Special Term, entered March 8, 1973 in Madison County, which granted defendant's motion for a protective order and vacated plaintiff's notice for discovery and inspection of an automobile liability insurance policy.

This action was commenced on September 19, 1972 by personal service of a summons and complaint on defendant to recover for

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