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NIESLUCHOWSKI v. CLUTE MOTOR

85 A.D.2d 47 (1982)

Alojzy J. Niesluchowski et al., Respondents, v. Clute Motor Company, Defendant, and Ford Motor Company, Appellant

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

February 25, 1982

Attorney(s) appearing for the Case

Hancock, Estabrook, Ryan, Shove & Hust (William L. Allen of counsel), for appellant.

Ziff, Weiermiller, Learned & Hayden (Scott J. Learned of counsel), for respondents.

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

This personal injury action arises out of an accident which occurred January 5, 1977. Plaintiffs obtained an order of the Supreme Court, dated October 22, 1979, authorizing their attorneys to take the oral deposition of the defendant, Clute Motor Company, Inc. (Clute), before commencement of the action, to assist them in drawing a complaint (CPLR 3102, subd [c]). In November, 1979, before the inception of such discovery proceedings, and because...

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