Appellate Division of the Supreme Court of New York, 1938

Vadervel v. Prudential Insurance of America

Vadervel v. Prudential Insurance of America
Appellate Division of the Supreme Court of New York · Decided October 21, 1938
255 A.D. 771; 7 N.Y.S.2d 572; 1938 N.Y. App. Div. LEXIS 5199
Vadervel v. Prudential Insurance of America

Opinion of the Court

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. The prior application was to examine “ through its agents, servants or employees having knowledge of the issues herein.” This application is one to take the testimony of a named non-resident witness which the plaintiff was clearly entitled to under section 288 of the Civil Practice *772Act. Settle order on notice. Present —Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

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