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J & E PRODS., INC. v. LAVENSON

49 A.D.2d 528 (1975)

J & E Productions, Inc., Respondent, v. James Lavenson et al., Appellants

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

July 3, 1975

Respondent shall recover of appellants $40 costs and disbursements of this appeal.

Capozzoli, J. (dissenting).

Simultaneously with the service of their answer herein defendants served a set of interrogatories. Thereafter, claiming the answers to the interrogatories to be deficient, they served a notice to take the plaintiff's oral deposition. CPLR 3102 specifically provides under the heading "Method of obtaining disclosure", in subdivision (a...

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