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DIKUN v. N. Y. CENT. R. R.

58 Misc.2d 439 (1968)

Carin K. Dikun, as Administratrix of The Estate of Horst P. Kredelbach, Deceased, et al., Plaintiffs, v. New York Central Railroad et al., Defendants.

Supreme Court, Special Term, Jefferson County.

May 6, 1968

Attorney(s) appearing for the Case

Down & Hall (Philip C. Wood of counsel), for plaintiffs. Dunk, Conboy, McKay & Bachman (Frederic S. Kendall of counsel), for New York Central Railroad, defendant.

RICHARD D. SIMONS, J.

In this death action, plaintiffs seek to examine a member of the train crew before trial and also to examine the trainmaster and obtain from him copies of the statements of all crew members concerning the facts of the accident made within one month of the accident. Plaintiffs also seek the trainmaster's report. Defendant cross-moves for a protective order and refuses to allow the crew member...

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