FOSTER v. DOUGHTY


41 A.D.2d 845 (1973)

Mitchell Foster, an Infant, by His Father and Guardian ad Litem, John P. Foster, et al., Respondents, v. Donald L. Doughty, Defendant; CVZ Catering, Inc., Appellant, and Dan N. Karavolos et al., Respondents. (Action No. 1.) (And Another Action.)

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

April 16, 1973


Order dated July 11, 1972 reversed, and appellant's motion for a protective order granted as follows: Appellant is excused from the requirement that it produce for examination before trial a suitable person to testify on its behalf, provided however that at the trial appellant shall be precluded from calling or presenting any such witness or witnesses unless, by prior reasonable written notice to all the parties, appellant shall have made such witness or witnesses available...

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