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GALLI v. B P OIL

95 Misc.2d 95 (1978)

Frank Galli et al., Plaintiffs, v. B P Oil, Inc., Defendant.

Supreme Court, Special Term, Columbia County.

May 25, 1978

Attorney(s) appearing for the Case

Connor, Curran, Connor, Flint & Schram for defendant. Rapport & Meyers for plaintiffs.

AARON KLEIN, J.

1. TO STRIKE NOTE OF ISSUE

Defendant, B P Oil, Inc., moves in motion No. 5 to strike plantiffs Frank Galli and John D. Yeager's note of issue filed on or about March 20, 1978 because defendant has not had the opportunity to orally examine plaintiffs on their claim for damages to real property.

2. SUMMARY JUDGMENT DISMISSING THE COMPLAINT

Defendant, B P Oil, Inc., moves in motion No. 9 under CPLR 3212 and 3211 (subd...

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