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VAN VALKENBURGH, ETC. v. RIDER PUB.

46 Misc.2d 321 (1965)

Van Valkenburgh, Nooger & Neville, Inc., Plaintiff, v. John F. Rider Publisher, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

April 2, 1965

Attorney(s) appearing for the Case

Brennan, London & Buttenwieser (Ephraim London and Patricia A. Garfinkel of counsel), for plaintiff. Ide & Haigney (Ronald M. Glick of counsel), for defendants.

MATTHEW M. LEVY, J.

The controversy on these motions centers on who is to have priority as to the examinations before trial of the respective parties.

In respect of such issue, CPLR 3106 (subd. [a]) provides as to "normal priority" that "After an action is commenced, any party may take the testimony of any person by deposition". And then it is stated that "Leave of the court, granted on motion, shall be obtained if notice of the taking of the...

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