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CATTAT v. ROMEO

81 Misc.2d 119 (1975)

Vincent J. Cattat et al., Plaintiffs, v. Alfa Romeo, Inc., Defendant and Third-Party Plaintiff. Carbone Pontiac, Inc., Third-Party Defendant.

Supreme Court, Oneida County.

February 14, 1975

Attorney(s) appearing for the Case

Pavia & Harcourt (David A. Botwinik and Robert A. Roseman of counsel), for defendant and third-party plaintiff. Capecelatro, Del Buono, Vaughan & Compson for third-party defendant. Wolfe, Kalil & Levitt (Waddie N. Kalil of counsel), for plaintiffs.

EDWARD F. CRAWFORD, J.

Alfa Romeo, Inc., the defendant and third-party plaintiff, moved pursuant to CPLR 3126 to strike plaintiffs' complaint and dismiss the causes of action asserted by plaintiffs for failure of plaintiffs to comply with a notice for discovery and inspection served on or about July 31, 1973 pursuant to CPLR 3120 which would require plaintiffs to produce for inspection the 1971 Alfa Romeo automobile...

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