Santamaria v. Walt Disney World

51 A.D.2d 959, 381 N.Y.S.2d 511, 1976 N.Y. App. Div. LEXIS 11681

Opinion

Order, Supreme Court, New York County, entered on December 13, 1973, denying defendant’s motion for a protective order, unanimously affirmed. Respondents shall recover of appellant $40 costs and disbursements of this appeal. Defendant failed to demonstrate hardship. Without such a showing, the nonresidence of defendant does not preclude an examination here. (Gazerwitz v Adrian, 28 AD2d 556, 557.) Defendant is directed to submit to such examination, in accordance with plaintiffs’ cross notice of examination before trial dated May 8, 1973, 15 days after service of a copy of order herein, or at such other time and place as the parties may stipulate. Concur—Stevens, P. J., Markewich, Capozzoli, Lane and Nunez, JJ.