STERN v. TAYLOR


65 A.D.2d 790 (1978)

David J. Stern et al., Appellants, v. Roberto S. Taylor et al., Respondents

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

November 20, 1978


Order reversed, without costs or disbursements, and action remanded to Special Term for further proceedings consistent herewith.

It was an abuse of discretion for Special Term to vacate plaintiffs' notice of deposition on the basis of an unsworn letter from a doctor and the affidavits of defendant Roberto S. Taylor and his attorney. Defendants offered to have a court-appointed neurologist examine Mrs. Taylor at their expense and Special Term should have ordered such...

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