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GELL v. ST. FINBAR'S ROMAN CATHOLIC CHURCH

51 A.D.2d 1035 (1976)

Samuel Gell et al., Appellants, v. St. Finbar's Roman Catholic Church et al., Defendants, and Paul McC. Klohr et al., Respondents

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

March 22, 1976

Order modified, in the exercise of discretion, by deleting the second decretal paragraph thereof and substituting therefor the following: "Ordered, that the plaintiffs' motion to strike the answers of Bishop Mugavero and Msgr. Klohr is denied upon condition that Msgr. Klohr submit to examination before trial." As so modified, order affirmed, with $50 costs and disbursements to appellants.

The examination shall proceed at a time and place to be fixed in a written notice...

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