Appellate Division of the Supreme Court of New York, 1939

Transradio Press Service, Inc. v. United Press Ass'n

Transradio Press Service, Inc. v. United Press Ass'n
Appellate Division of the Supreme Court of New York · Decided March 24, 1939
256 A.D. 975; 11 N.Y.S.2d 251; 1939 N.Y. App. Div. LEXIS 5713
Transradio Press Service, Inc. v. United Press Ass'n

Opinion of the Court

Order so far as appealed from by the plaintiff affirmed (Callahan, J., dissenting and voting to modify by striking out item 3 of defendant’s notice of examination before trial); order so far as appealed from by defendant reversed, with twenty dollars costs and disbursements to the defendant, and plaintiff’s motion to preclude as to item 1 and part of item 2 and to modify item 5 of the notice of examination before trial denied (Callahan, J., dissenting and voting to affirm). The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present — Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.

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