FIORE v. SUN BANK OF BAL HARBOUR


55 A.D.2d 874 (1977)

Hugh Fiore, Appellant, v. Sun Bank of Bal Harbour, N. A., et al., Respondents

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

January 6, 1977


The action is for brokerage commissions. Plaintiff-appellant noticed examination of defendants here. Defendants moved for a protective order. Special Term granted the application on the basis of an affidavit by counsel claiming conclusorily, without stating a basis therefor, that it would be a hardship for his clients to come here to be examined. "Defendant failed to demonstrate a hardship. Without such a showing, the nonresidence of defendant does not preclude an examination...

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