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MUT. LIFE INS. CO. OF N. Y. v. TAILORED WOMAN

276 A.D. 144 (1949)

Mutual Life Insurance Company of New York, Appellant, v. Tailored Woman, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1949.

Attorney(s) appearing for the Case

George A. Spiegelberg of counsel (Robert H. Preiskel with him on the brief; Riegelman, Strasser, Schwarz & Spiegelberg, attorneys), for appellant.

M. James Spitzer of counsel (Philip Feldman with him on the brief; Strauss, Reich & Boyer, attorneys), for respondent.

PECK, P. J., COHN and SHIENTAG, JJ., concur with CALLAHAN, J.; DORE, J., dissents in part and votes to reverse the order and deny the motion, in opinion.

CALLAHAN, J.

The plaintiff and one of its officers have been adjudged in contempt (with fines imposed) and the complaint dismissed for refusal to answer questions on examination before trial pursuant to direction of the court.

At different times the plaintiff as landlord entered into separate leases with the defendant for three rental areas or space in a building at 742 5th Avenue, New York City. The premises...

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