Appellate Division of the Supreme Court of New York, 1959

Kubera v. Colorado Fuel & Iron Corp.

Kubera v. Colorado Fuel & Iron Corp.
Appellate Division of the Supreme Court of New York · Decided May 13, 1959
8 A.D.2d 767; 186 N.Y.S.2d 492; 1959 N.Y. App. Div. LEXIS 8594
Kubera v. Colorado Fuel & Iron Corp.

Opinion of the Court

Order affirmed, without costs of this appeal to any party, without prejudice to the right of appellant Eichleay Corporation to renew the application to examine plaintiff before trial upon a proper showing in the light of all the facts in this record. All concur. (Appeal from an order of Erie Special Term granting a motion by plaintiff to vacate a notice of examination of plaintiff by defendant Eichleay Corporation.) Present — MeCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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