BOSURGI v. CHEM. BANK NEW YORK TRUST CO.


30 A.D.2d 950 (1968)

Leone Bosurgi et al., Respondents, v. Chemical Bank New York Trust Company, Appellant

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

October 10, 1968


Order, entered March 4, 1968, granting plaintiffs' motion for a protective order, vacating defendant's notice to take the deposition of plaintiff Emilio Bosurgi, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion denied, with $30 costs and disbursements.

In view of the statement of plaintiffs' attorney that Emilio Bosurgi, a native of Italy, will not attend the trial, the examination at defendant's option may be had in Messina...

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