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MALIZIA v. FASCH

83 A.D.2d 958 (1981)

Margaret Malizia, as Executrix of Anna Prozeller, Deceased, Respondent, v. Victor Fasch et al., Appellants

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

September 28, 1981

Order modified by adding thereto, after the word "granted", the following: "only as to defendant Walter Fasch. As to defendant Victor Fasch, the motion is denied on the condition that he appear for an examination before trial and personally pay plaintiff's attorney the sum of $750." As so modified, order affirmed, with $50 costs and disbursements to plaintiff.

Defendant Victor Fasch shall pay the $750 within 20 days after...

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