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CARBORUNDUM ENVTL. SYS. CANADA, LTD. v. NITEC PAPER CORP.

69 A.D.2d 981 (1979)

Carborundum Environmental Systems Canada, Ltd., Respondent, v. Nitec Paper Corporation, Defendant, and Midtec Paper Corporation, Appellant. (Appeal No. 2.)

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

April 6, 1979

Order unanimously modified, and, as modified, affirmed, with costs to appellant, in accordance with the following memorandum:

Special Term erred in refusing to grant a protective order regarding the appearance for oral examination of the "Chief Executive Officer" of defendant Midtec Paper Corporation. While the corporation has a duty to submit for such examination a person familiar with the salient facts, it has the right in the first instance to designate the person...

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