General
Arthur B. Morgan, Jr., Inc., Plaintiff, v. Harry R. Harman, Doing Business as Harman Lumber Company, Defendant. Harry R. Harman, Doing Business as Harman Lumber Company, Appellant, v. James E. Stark Company, Defendant, and Arthur B. Morgan, Jr., Respondent
4 A.D.2d 853·New York Supreme Court, Appellate Division·1957·NY
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Opinion
Arthur B. Morgan, Jr., Inc., Plaintiff, v. Harry R. Harman, Doing Business as Harman Lumber Company, Defendant. Harry R. Harman, Doing Business as Harman Lumber Company, Appellant, v. James E. Stark Company, Defendant, and Arthur B. Morgan, Jr., Respondent.
[MAJORITY]
Order affirmed, with $10 costs and disbursements. All concur. (Appeal from an order of Monroe Special Term denying in part defendant’s motion (as plaintiff on his counterclaim) to vacate a notice by defendant Morgan in the counterclaim for the taking by deposition of testimony of plaintiff before trial.) Present — MeCurn, P. J., Kimball, Williams, Bastow and Goldman, JJ.