FIELDING v. S. KLEIN DEP'T STORES, INC.


44 A.D.2d 668 (1974)

Francis Fielding, Respondent, v. S. Klein Department Stores, Inc., et al., Appellants

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

April 18, 1974


If defendants elect the latter method, the parties shall pay their respective expenses which shall be taxed as costs by the prevailing party. The order is otherwise affirmed, without costs and without disbursements. On the record before us it appears that plaintiff is a 70-year-old retired painter who now resides in San Diego, California. To require his appearance now for pretrial disclosure would be burdensome. The alternatives provided should, in our opinion, meet defendants...

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