WAGNER v. NFS FIN. SERV.


96 Misc.2d 134 (1978)

Edward A. Wagner, Plaintiff, v. NFS Financial Services, Inc., Defendant.

Supreme Court, Special Term, New York County.

May 8, 1978


Attorney(s) appearing for the Case

Hardee, Barovick, Konecky & Braun (Joseph J. Santora of counsel), for defendant. Bobrow, Greenapple, Burton, Distler & Midler (J. Anthony Burton of counsel), for plaintiff.


BENTLEY KASSAL, J.

ISSUE

Shall a party be permitted to simultaneously pursue the disclosure devices of deposition and interrogatories against the same witness?

FACTS

Pursuant to defendant's notice, the deposition of plaintiff was held on two days in October, 1977 and adjourned, pending completion of plaintiff's production of certain documents. Thereafter, and before completion of that deposition, defendant served the interrogatories...

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