DOW v. XCITON CORP.


75 A.D.2d 972 (1980)

Ernest L. Dow, Respondent, v. Xciton Corporation, Appellant

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

May 29, 1980


In connection with an action by plaintiff, a former president of the defendant corporation, to recover damages for breach of an employment contract, an examination before trial, pursuant to notice, of D. Frank Campito, chairman of defendant's board of directors, was held in January, 1979. Approximately six months later plaintiff requested an additional examination of three other members of defendant's board. Defendant declined and moved in Supreme Court for a protective order...

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