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  5. 149 A.D.2d 682 (1989)
 

STANZIONE v. CONSUMER BUILDERS, INC.

149 A.D.2d 682 (1989)

Joseph Stanzione et al., Respondents, v. Consumer Builders, Inc., et al., Defendants, and Champion International Corporation, Building Products Division, Appellant. (And a Third-Party Action.)

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

April 24, 1989

Ordered that the order is reversed insofar as appealed from, with costs, that branch of the appellant's motion which was for leave to depose Michael Stanzione and Salvatore Stanzione upon open commissions pursuant to CPLR 3108 is granted, and the matter is remitted to the Supreme Court, Kings County, for the purpose of issuing open commissions to a person before whom depositions may be taken in accordance with CPLR 3113 (a) (2).

The plaintiffs commenced this action...

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