FRYBERGH v. KOUFFMAN


119 A.D.2d 541 (1986)

George M. Frybergh, Appellant, v. Maurice H. Kouffman et al., Respondents, et al., Defendant

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

April 7, 1986


Order modified, by denying the motion for a protective order. As so modified, order affirmed, insofar as appealed from.

The respondents are awarded one bill of costs.

The plaintiff may depose the defendant Kouffman's attorney and other nonparty witnesses only if he complies with CPLR 3106 (b), by serving a subpoena on the nonparty witnesses. The plaintiff's failure to comply with the proper statutory procedure excuses the witnesses' failure to appear for examination...

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