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BONITO MAR. CORP. v. ST. PAUL MERCURY INS. CO.

68 A.D.2d 864 (1979)

Bonito Maritime Corporation, Appellant, v. St. Paul Mercury Insurance Company et al., Respondents, et al., Defendant

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

March 29, 1979

Respondents shall recover of appellant $50 costs and disbursements of this appeal.

Fein and Lynch, JJ., concur in the following memorandum by Fein, J.:

I concur in result. Special Term properly granted defendant insurer's motion for a protective order quashing the subpoena duces tecum and vacating the notice of deposition served upon the attorney for St. Paul Mercury Insurance Company. The present record is insufficient to find that the examination was sought...

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