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GALLUP v. DYBAS

75 Misc.2d 179 (1973)

Alene Gallup, as Administratrix of The Estate of Gordon Gallup, Deceased, Plaintiff, v. Edward Dybas, Defendant and Third-Party Plaintiff. Sears Roebuck & Co., Third-Party Defendant.

Supreme Court, Fulton County.

August 17, 1973

Attorney(s) appearing for the Case

Richard T. Horigan for third-party plaintiff. Mullarkey, Harrigan & Sherbunt for third-party defendant. Salmon & Wilkinson for plaintiff.

ARTHUR C. AULISI, J.

Third-party plaintiff Edward Dybas makes this motion for an order directing third-party defendant Sears, Roebuck and Co. to produce its employee Francis Savage as a witness at an examination before trial pursuant to CPLR 3101 (subd. [a], par. [1]). Concededly, Francis Savage is an employee of Sears and was a passenger in Sears' truck at the time of the automobile accident giving rise to these actions and moved the truck after the...

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