Regarding plaintiff's motion to examine a nonparty witness who resides in Florida by means of written questions, we read CPLR 3108 as permitting movant the privilege of electing whether to proceed by written questions or by open commission (oral examination). Of course, the granting of such relief is without prejudice to defendant's conducting the out-of-State examination orally, if defendant so wishes (see 3A Weinstein-Korn-Miller, NY Civ Prac, par 3108.03). Insofar as Special...
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