McDivitt v. S. S. Kresge Co.

Order affirmed, with costs. Memorandum: Defendant and third-party plaintiff Denniston Chemical Company has failed to show through anyone with personal knowledge that the witness to be deposed, Julian M. Campbell, is no longer within its control. All concur, except Cardamone, J.P., and Simons, J., who dissent and vote to reverse and grant the motion, in the following memorandum.