McKENZIE MGMT. & RESEARCH CO., INC. v. LEE NAT'L CORP.


36 A.D.2d 602 (1971)

McKenzie Management & Research Co., Inc., Appellant, v. Lee National Corporation, Respondent

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

February 23, 1971


Accordingly, the fourth decretal paragraph is reversed, and as thus modified, the order is affirmed, without costs and without disbursements. It is recognized that normally right of priority of examination is accorded the defendant, in the absence of special circumstances. (Buzzell v. Mills, 28 A.D.2d 674.) But here we have circumstances meriting priority by the plaintiff: the plaintiff acted first in initiating discovery by way...

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