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HALITZER v. GINSBERG

80 A.D.2d 771 (1981)

Sidney Halitzer, Individually and as Trustee for Michael D. Halitzer and Another, et al., Respondents-Appellants, v. Albert Ginsberg, Individually and Doing Business as Algin Management Co., Appellant-Respondent

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

March 10, 1981

There is no statutorily mandated requirement that a plaintiff seeking to obtain priority in the taking of depositions pursuant to CPLR 3106 and 3103 must submit an affidavit by a party having knowledge of the facts, or, in the alternative, that the complaint be verified (cf. CPLR 3212). "If * * * special circumstances warrant the plaintiff's examining first, or some other plan appears desirable in an individual case, the court has...

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