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ELECTROVOICE INT'L, INC. v. AM. HOME ASSURANCE CO.

213 A.D.2d 272 (1995)

624 N.Y.S.2d 25

Electrovoice International, Inc., Appellant, v. American Home Assurance Company, Respondent

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

March 21, 1995

Plaintiff's owner having testified that plaintiff's bookkeeper was unavailable to answer the subpoena that defendant had served, the court properly allowed defendant to controvert such evidence by the contradictory testimony of its accountant that he had seen the bookkeeper at plaintiff's premises at or about the time the subpoena was served, since this evidence bore directly on a material fact in dispute (see, Badr v...

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