TROENECKER v. STAGER


196 Misc. 403 (1949)

Ludwig Troenecker, Plaintiff, v. Albert G. Stager, Defendant.

Municipal Court of the City of Syracuse.

September 30, 1949.


Attorney(s) appearing for the Case

Norbert L. Abend for defendant.

George H. Van Lengen for plaintiff.


SKERRITT, J.

This is a motion by defendant to vacate plaintiff's notice for examination before trial of the defendant and two members of his family, one being his wife, the other his mother. Plaintiff claims that he is entitled to this examination under the "special circumstances" clause of section 288 of the Civil Practice Act.

In this negligence action for damages to plaintiff's automobile the plaintiff claims that the car was being driven by...

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