KREIS v. BUTLER


201 Misc. 273 (1950)

George Kreis, Plaintiff, v. William R. Butler et al., Defendants. George Kreis, as Executor of Agnes Kreis, Deceased, Plaintiff, v. William R. Butler et al., Defendants.

Supreme Court, Special Term, Onondaga County.

January 28, 1950.


Attorney(s) appearing for the Case

R. J. & P. R. Shanahan for William R. Butler, defendant.

Brown, Mangin & O'Connor for Earl Ostrander, defendant.

Wilfred E. Hoffman for plaintiffs.


MALPASS, J.

This is a motion in behalf of the defendants for an order vacating a notice of examination before trial of the defendants upon the ground that as a matter of law the plaintiff is not entitled to an examination on the matters with reference to which the examination is sought and on the further ground that the application therefor was not timely made.

The action is brought to recover damages...

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