In the course of the pretrial proceedings in this action to recover commissions, plaintiff noticed a pretrial deposition of defendant for January 5, 1989. Defendant adjourned the deposition twice. As a result, plaintiff obtained an order directing that the deposition take place on April 28, 1989. On the eve of the deposition defendant served plaintiff with a motion for summary judgment, thereby staying disclosure (see, CPLR 3214). Upon...
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