Appellate Division of the Supreme Court of New York, 1938

Vortrefflich v. North American Continental Corp.

Vortrefflich v. North American Continental Corp.
Appellate Division of the Supreme Court of New York · Decided March 18, 1938
254 A.D. 580; 3 N.Y.S.2d 902; 1938 N.Y. App. Div. LEXIS 6634
Vortrefflich v. North American Continental Corp.

Opinion of the Court

In an action brought to recover damages for alleged false arrest and malicious prosecution, order disposing of defendants’ motion to vacate the plaintiff’s notice of examination of the defendants before trial modified so as to vacate the notice as to items (g) and (h) only, and as thus modified affirmed, so far as an appeal is taken, without costs. Items (g) and (h) are improper. The examination may proceed on five days’ notice. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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