SPAWTON v. STRATES SHOWS


75 Misc.2d 813 (1973)

Wanda Spawton et al., Plaintiffs, v. James E. Strates Shows, Inc., Defendant. (Two actions.)

Supreme Court, Erie County.

November 9, 1973


Attorney(s) appearing for the Case

Samuel C. Cellino for plaintiffs. Brownstein, Canale, Madden, Burke & Siegel for defendant.


JOHN H. DOERR, J.

The plaintiffs move for summary judgment under CPLR 3211 and CPLR 3212. The court is not certain, but for the purposes of this decision will assume the motion is founded upon a "notice to admit, disclose and produce", so designated by the plaintiffs, dated September 19, 1972, and served upon the attorneys for the defendant, and which the defendant answered with a refusal to "admit, disclose...

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