This is a motion to vacate and set aside the service of a summons upon the claimed privilege of immunity. Walter Sternberg, the defendant in this action, is a nonresident of New York. In another action between the same parties, wherein Sternberg was the plaintiff, the court order provided that he appear for examination before trial, and that if he failed to appear, his complaint in that action would be stricken. While in New York and while...
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