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MATTER OF HOME INS. CO. OF N.Y.

196 Misc. 886 (1949)

In the Matter of the Arbitration between Home Insurance Company of New York, Petitioner, and Avon Converting Co., Inc., Respondent.

Supreme Court, Special Term, New York County.

February 8, 1949.

Attorney(s) appearing for the Case

Rein, Mound & Cotton for petitioner.

Erwin Feldman for respondent.

GAVAGAN, J.

Motion is granted in all respects (see Civ. Prac. Act, §§ 308, 1459, and Matter of Interocean Mercantile Corp. [Buell], 207 App. Div. 164). In view of the recent decision of the Appellate Division in this department in Dorros, Inc., v. Dorros Bros., Inc. (274 App. Div. 11) which rendered obsolete the burden of proof rule generally applied in this department, there appears to be no good reason for denying an examination...

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