General

S & P Restaurant Corp., Appellant, v. Fitzgerald's Restaurant, Inc., Respondent

272 A.D.2d 798·New York Supreme Court, Appellate Division·1947·NY

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Opinion

S & P Restaurant Corp., Appellant, v. Fitzgerald’s Restaurant, Inc., Respondent. [MAJORITY] Order, so far as appealed from, unanimously modified (1) by allowing, in addition to the items allowed by Special Term, items 1, 2, 3, 8, 9, 12; 15, 25, 27, 29, 30, 31, 32 and 35; and (2) by striking out the designation of Albany County as the place where defendant’s examination is to be held and directing that the examination be held in the Supreme- Court, New York County, at a date and hour to be fixed in the order to be entered herein, and as so modified affirmed, with $20 costs and disbursements to appellant. Settle order on notice. Present — Martin, P. J., Glennon, Dore, Cohn and Peek, JJ.