Order reversed, with $50 costs and disbursements, and motion denied.
Special Term erred in finding that the mere presence of appellant's attorney at the examination before trial of plaintiff Robert S. Seldin, without his speaking once, constituted participation which, under CPLR 3130, barred appellant from serving interrogatories upon plaintiffs without leave of court. In addition, the interrogatories seek information which is relevant and necessary to the defense...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.