LUDWIG v. LUDWIG


94 Misc.2d 880 (1978)

Gladys M. Ludwig, Plaintiff, v. Daniel K. Ludwig, Defendant.

Supreme Court, Special Term, New York County.

February 7, 1978


Attorney(s) appearing for the Case

Herzfeld & Rubin, P. C. (Edward L. Birnbaum of counsel), for plaintiff. Parker, Duryee, Zunino, Malone & Carter (Vincent Malone of counsel), for defendant.


BENTLEY KASSAL, J.

Plaintiff moves, by order to show cause, for an order, pursuant to CPLR 3102 (subd [c]) directing that depositions of plaintiff and defendant be conducted for the purpose of preserving testimony for trial.

Initially, it must be noted that perpetuation of testimony is the only basis on which such depositions are sought. Plaintiff has served a complaint, and while defendant has moved to

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