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POPKIN v. ORIGINAL NOVELTY CO.

196 Misc. 120 (1947)

Jacob Popkin, Plaintiff, v. Original Novelty Company, Defendant. (Supreme Court, Kings Co.) Jacob Popkin, Plaintiff, v. Original Novelty Company, Defendant. (Municipal Court of City of New York, Borough of Brooklyn, 6th Dist.)

Supreme Court, Special Term, Kings County.

December 20, 1947.

Attorney(s) appearing for the Case

Morris Straub for defendant.

Herman Yellon for plaintiff.

FROESSEL, J.

Motion by defendants, a copartnership, for an order vacating plaintiff's notice of examination, subpœna and subpœna duces tecum, or, in the alternative, modifying and limiting the same.

Since defendants are residents of Bronx County, their objection to being examined in Kings County on a notice of examination is well taken (Sapakas v. Shulsk, 181 Misc. 607; Ahearn v. Manzione, 270 App. Div. 944).

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