KURZMAN v. BURGER


98 Misc.2d 244 (1979)

Herbert Kurzman et al., Plaintiffs, v. Norman Burger, Defendant.

Supreme Court, Special Term, New York County.

February 16, 1979


Attorney(s) appearing for the Case

Irving A. Cohn for defendant. Galpeer, Altus, Karp & Beckerman for plaintiffs.


SHANLEY N. EGETH, J.

In the instant motion, the attorney for the defendant moves for a protective order (authorized by CPLR 3103 although not specified in the order to show cause) to vacate a subpoena duces tecum issued by plaintiff for the purpose of taking the oral deposition before trial of a nonparty to the action.

Although, the motion to quash this subpoena is predicated upon the stated ground that there exists no "adequate special

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