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VAN VALKENBURGH, NOOGER & NEVILLE, INC. v. JOHN F. RIDER PUBLISHER, INC.

24 A.D.2d 437 (1965)

Van Valkenburgh, Nooger & Neville, Inc., Respondent, v. John F. Rider Publisher, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1965

Order, entered April 16, 1965, unanimously modified, on the law, on the facts and in the exercise of discretion, to provide that the defendants shall have priority of examination, and order otherwise affirmed, with $30 costs and disbursements to defendants-appellants.

CPLR 3106 (subd. [a]) provides that a plaintiff may not serve a notice to take the deposition of a party "within twenty days after service of the complaint...

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