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CARPENTER CO v. ABC CARPET CO

98 Misc.2d 1091 (1979)

E. R. Carpenter Company, Plaintiff, v. ABC Carpet Co., Inc., Defendant.

Civil Court of the City of New York, Special Term, New York County.

March 26, 1979

Attorney(s) appearing for the Case

Arum, Friedman & Katz (Theodore H. Friedman of counsel), for defendant. Donovan Leisure Newton & Irvine (Louis C. Lustenberger, Jr., of counsel), for plaintiff.

DAVID STADTMAUER, J.

The defendant moves for an order directing plaintiff to allow discovery and inspection of a 23-page memorandum used to refresh the recollection of a witness prior to deposition before trial. The refreshment of recollection occurred 10 or more years after the events in question and 9 years after the memorandum was written. For the reasons discussed herein, that motion is granted.

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