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THOMAS v. GETLAN

Appellate Division of the Supreme Court of New York, Second Department.
Oct 13, 1953

In an action to enjoin picketing, two defendants appeal from an order granting their examination before trial, and directing discovery and inspection. Order modified by striking the words "and `Fifteenth'" from the second ordering paragraph. As so modified, the order is affirmed, without costs; examination to proceed on five days' notice. The allegations of paragraph "Fifteenth" of the complaint are conclusory and, therefore, not a proper subject of examination. Nolan, P.J., Adel, MacCrate, Schmidt and Beldock, JJ., concur.