RPM, Inc. v. Pentagon Chemical & Paint Works, Inc.

Appellate Division of the Supreme Court of New York

RPM, Inc. v. Pentagon Chemical & Paint Works, Inc.

114 A.D.2d 1025, 495 N.Y.S.2d 462, 1985 N.Y. App. Div. LEXIS 54070

Appellate Division of the Supreme Court of the State of New York·Decided November 25, 1985·Published·Cited by 3 cases

Opinion

— In an action, inter alia, to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated June 13, 1985, which denied their motion for a protective order and ordered their expert to appear for a deposition.

Order affirmed, with costs.

Because the material examined by defendants’ expert is no longer available for inspection by plaintiffs, Special Term did not abuse its discretion in ordering that the expert be deposed (see, CPLR 3101 [d]; compare, Fedorcyzk v New York Univ., 95 AD2d 822, with Cepin v Cepin, 66 AD2d 764). Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

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— In an action, inter alia, to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Kings County (Scholnick, J.), dated June 13, 1985, which denied their motion for a protective order and ordered their expert to appear for a deposition.

Order affirmed, with costs.

Because the material examined by defendants’ expert is no longer available for inspection by plaintiffs, Special Term did not abuse its discretion in ordering that the expert be deposed (see, CPLR 3101 [d]; compare, Fedorcyzk v New York Univ., 95 AD2d 822, with Cepin v Cepin, 66 AD2d 764). Lazer, J. P., Thompson, O’Connor, Rubin and Kunzeman, JJ., concur.

RPM, Inc. v. Pentagon Chemical & Paint Works, Inc., 114 A.D.2d 1025, 495 N.Y.S.2d 462, 1985 N.Y. App. Div. LEXIS 54070 (N.Y. Ct. App. 1985).

Pincite

114 A.D.2d 1025 (RPM, Inc. v. Pentagon Chemical & Paint Works, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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