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Kipbea Baking Co., Inc. v. Strauss

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1960
10 A.D.2d 987 (N.Y. App. Div. 1960)

Opinion

May 23, 1960


In an action for an injunction and to recover damages for injury to plaintiff's business, defendants Strauss and Simonetti, individually and as officers of Bakery Drivers Union, Local 802, appeal from an order of the Supreme Court, Westchester County, dated March 15, 1960, denying their motion to vacate plaintiff's notice to examine them before trial. Defendant Sullivan, individually and as an officer of said Union, also appeals from said order. On the appeal by defendants Strauss and Simonetti: Order affirmed, with $10 costs and disbursements. (See Rules Civ. Prac., rule 121-a; Greiner v. Freund, 5 A.D.2d 978; Rothman Schneider v. Beckerman, 5 A.D.2d 985.) The examination of said defendants shall proceed on 15 days' written notice. On the appeal by defendant Sullivan: Appeal dismissed, without costs. He was not a party to the motion at Special Term and he is not a party aggrieved by the order appealed from. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.


Summaries of

Kipbea Baking Co., Inc. v. Strauss

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1960
10 A.D.2d 987 (N.Y. App. Div. 1960)
Case details for

Kipbea Baking Co., Inc. v. Strauss

Case Details

Full title:KIPBEA BAKING CO., INC., Respondent, v. JOHN STRAUSS, Individually and as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 23, 1960

Citations

10 A.D.2d 987 (N.Y. App. Div. 1960)

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