CARBERRY v. BONILLA


65 A.D.2d 613 (1978)

Florence Carberry, Respondent, v. Sergio Bonilla, Defendant, and Fred Weinfurt, Appellant

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

October 30, 1978


Order affirmed, without costs or disbursements.

The examination shall proceed at a time and place to be fixed in a written notice of not less than 15 days, to be given by plaintiff, or at such other time and place as the parties may agree. "Absent a showing of hardship, the nonresidence of a defendant does not preclude an examination in the county where the action is pending" (Gazerwitz v Adrian, 28 A.D.2d 556, 557; Cooper...

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