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D'AGOSTINO v. GOLDBERG

135 Misc.2d 853 (1987)

A. Charles D'Agostino, Plaintiff, v. Judith Goldberg, Defendant.

City Court of White Plains, Westchester County.

June 24, 1987

Attorney(s) appearing for the Case

Charles A. D'Agostino, Jr., for plaintiff. Sulkow, Birnbach, Jasilli & Schleifer for defendant.

JOHN F. HOLDEN, JR., J.

In this action for attorney's fees, plaintiff moves to strike the defendant's answer for her failure to appear for a deposition.

The notice to take the deposition states in pertinent part that it will be taken before "Rocco D'Agostino, an employee of the attorney for the plaintiff who shall record said testimony by means of audiotaping." Upon receiving the notice, defendant's

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