Order insofar as appealed from modified on the law and facts in accordance with the memorandum and as modified affirmed, without costs of this appeal to either party.
Memorandum:
In this action, the plaintiff demands damages for the negligent death of her intestate. The plaintiff served notice of examination of the defendant corporation, as an adverse party, before trial. The defendant moved to vacate the notice. The Special Term denied the defendant's motion...
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