GUGGER v. PHILLIPS


283 A.D. 823 (1954)

Paul H. Gugger, Respondent, v. Nathaniel Phillips et al., as Executors of Samuel McCrudden, Deceased, et al., Appellants

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

March 29, 1954.


Order, insofar as appealed from, modified by striking therefrom the third and fourth ordering paragraphs and the direction for the examination of "John" Desories as a witness. As so modified, said order is affirmed, without costs. Defendants also appeal from so much of an order, made on their motion, as directs that plaintiff submit to examination before trial ten days after the examination of the aforesaid individual shall have been completed, and from so much of said order...

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