Order reversed, with $10 costs and disbursements; motion granted; and plaintiff's notice to examine Sheldon A. Langer vacated, without costs.
Plaintiff, seeking to examine an independent accountant retained by defendant, served a notice to take the accountant's deposition on defendant's counsel. He did not, however, serve a subpœna on the accountant. At Special Term, as well as on appeal, plaintiff argued in opposition to defendant's motion that the accountant...
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