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MATTER OF WILBER

2 A.D.3d 1266 (2003)

770 N.Y.S.2d 492

In the Matter of SUSAN WILBER et al., Appellants, for Discovery in Aid of Bringing an Action. (Action No. 1.) SUSAN WILBER et al., Appellants, v. QUALITY VACUUM FORMING MACHINE COMPANY, INC., Respondent and Third-Party Plaintiff-Respondent. FOAMEX INTERNATIONAL, INC., Third-Party Defendant-Respondent. (Action No. 2.) SUSAN WILBER et al., Appellants, v. PAK-TECH, INC., et al., Defendants, and RECTICEL FOAM CORPORATION et al., Respondents. (Action No. 3.) (Appeal No. 1.)

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

December 5, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the last two ordering paragraphs and as modified the order is affirmed without costs, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Susan Wilber and Tony Wilber sought preaction discovery by application designated as action No. 1, and they thereafter commenced action Nos...

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