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BENNETT v. KELLY

283 A.D. 945 (1954)

Charles H. Bennett et al., Appellants, v. Othar M. Kelly et al., Respondents

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

May 3, 1954.

Order on reargument, insofar as appealed from, modified so as to provide that the examination be held on open commission before said commissioner, and as so modified, order affirmed, with $10 costs and disbursements to appellants.

Upon the facts and circumstances of this case, the testimony of the witness should be taken on an open commission; and it was, therefore, an improvident exercise of discretion to direct written interrogatories...

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