Business Envelope Manufacturers, Inc. v. Williams

Appellate Division of the Supreme Court of New York

Business Envelope Manufacturers, Inc. v. Williams

40 A.D.2d 597, 336 N.Y.S.2d 62, 1972 N.Y. App. Div. LEXIS 3862

Appellate Division of the Supreme Court of the State of New York·Decided September 26, 1972·Published·Cited by 3 cases

Opinion

Order, Supreme Court, Bronx County, entered on March 10, 1972, which granted defendants’ application for a protective order, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion denied. Appellant shall recover of respondents $40 costs and disbursements of this appeal. This action was commenced by service of a summons and complaint on December 13, 1971. After extensions, issue was joined on February 9, 1972, by service of an answer and counterclaim accompanied by a demand for a bill of particulars. On February 10, 1972, and prior to any notice by defendants, plaintiff served its notice to depose defendants. On February 11, 1972, defendants served a notice to depose plaintiff. Under the statute, on this record, plaintiff is clearly entitled to priority of examination (CPLR 3106, suhd. [a]; Samuels v. Hirsch, 12 A D 2d 823, 824). Concur — Stevens, P. J., McGivern, Markewich, Nunez and McNally, JJ.

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Order, Supreme Court, Bronx County, entered on March 10, 1972, which granted defendants’ application for a protective order, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion denied. Appellant shall recover of respondents $40 costs and disbursements of this appeal. This action was commenced by service of a summons and complaint on December 13, 1971. After extensions, issue was joined on February 9, 1972, by service of an answer and counterclaim accompanied by a demand for a bill of particulars. On February 10, 1972, and prior to any notice by defendants, plaintiff served its notice to depose defendants. On February 11, 1972, defendants served a notice to depose plaintiff. Under the statute, on this record, plaintiff is clearly entitled to priority of examination (CPLR 3106, suhd. [a]; Samuels v. Hirsch, 12 A D 2d 823, 824). Concur — Stevens, P. J., McGivern, Markewich, Nunez and McNally, JJ.

Business Envelope Manufacturers, Inc. v. Williams, 40 A.D.2d 597, 336 N.Y.S.2d 62, 1972 N.Y. App. Div. LEXIS 3862 (N.Y. Ct. App. 1972).

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Opinion

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