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CHAMPION v. WILSEY

150 A.D.2d 833 (1989)

James Champion, Respondent, v. Dan Wilsey, Individually and Doing Business as Dan Wilsey Racing Stable, Defendant, and Peter J. Skocigoric, Appellant

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

May 4, 1989

Yesawich, Jr., J.

Plaintiff brought this conversion and fraud action alleging that as a result of an illegal auction defendants spirited away two harness racehorses in which he had one-half interests, in violation of a "court ordered" stipulation. When defendants refused to appear at an examination before trial scheduled for March 31, 1986, plaintiff moved for an order pursuant to CPLR 3126 to compel disclosure...

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