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DOWNEY v. LUNNEY

79 Misc.2d 866 (1974)

John V. Downey, Plaintiff, v. J. Robert Lunney et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 20, 1974

Attorney(s) appearing for the Case

Brady & Tarpey, P. C., for plaintiff. Lunney & Crocco for J. Robert Lunney and others, defendants. D'Amato, Costello & Shea for Richard Hickey and others, defendants.

JOSEPH LIFF, J.

It is ordered that this motion for a protective order (CPLR 3103, subd. [a]) vacating the subpoena and notice to take the deposition of Alexander Grant & Co., a nonparty witness, is denied.

Basically, this is an action for an accounting against former partners. The nonparty witness is a certified public accounting firm which plaintiff's counsel retained in connection with the prosecution...

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