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GARDNER v. CAIRNS

119 A.D.2d 798 (1986)

Lillian Gardner, Appellant, v. Kenneth Cairns et al., Respondents

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

April 28, 1986

Order reversed, with costs, and motion granted. The examinations before trial shall be conducted at times and places set forth in written notices of not less than 10 days to be given by the plaintiff, or at such times and places as the parties may agree.

Under the "unusual and unanticipated" circumstances of this case, the plaintiff's motion seeking leave to conduct pretrial examinations of the defendants should have been...

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