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NUSSDORF v. HOWELL

79 Misc.2d 801 (1974)

Ellen Nussdorf et al., Plaintiffs, v. Robert J. Howell et al., Defendants. (Action No. 1.) George Postal, as Administrator of The Estate of Ronni Postal, Deceased, Plaintiff, v. Nissan Motor Corporation in U. S. A., et al., Defendants, and Wide's Motor Sales Corp., Defendant and Third-Party Plaintiff; Allen A. Sylvane, Third-Party Defendant. (Action No. 2.) Michael Prisament, Plaintiff, v. Allen Sylvane, Defendant. (Action No. 3.)

Supreme Court, Special Term, Queens County.

November 6, 1974

Attorney(s) appearing for the Case

Samuel G. Rabinor for Ellen Nussdorf and another, plaintiffs in Action No. 1. Shayne, Dachs, Weiss, Kolbrener, Stanisci and Moe Levine for Leslie Ackerman, plaintiff in Action No. 1. Pizzitola & Di Blasi for Robert J. Howell, defendant in Action No. 1. Schlissel, Shiff, Reilly & Fox for defendant and third-party plaintiff in Action No. 2. Ponzan & Goldblum for Michael Prisament, defendant in Action No. 2. William H. Morris for Triboro Bridge and Tunnel Authority, defendant in Action No. 2. Ira H. Newman for plaintiff in Action No. 2. Donald R. Deegan for defendant in Action No. 3. Norman Miles for plaintiff in Action No. 3.

LEONARD L. FINZ, J.

This is a motion by plaintiff in Action No. 2 to examine the plaintiffs in Action No. 1. In a joint trial ordered previously by the court, the moving party is not a coplaintiff with the afore-mentioned plaintiffs nor is there any connection between them in this action other than that the actions are to be jointly tried.

CPLR 3101 (subd. [a], par. [4]) permits the examination of "any...

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