SWISKEY v. LAMOTTA


224 A.D.2d 274 (1996)

637 N.Y.S.2d 716

Jacqueline Swiskey et al., Appellants, v. Guy Lamotta, Respondent

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

February 13, 1996


The conditions placed on plaintiffs' discovery requests were a proper exercise of discretion. Since plaintiff Gordon has not explained why the July 1993 deposition of defendant was unfairly "truncated", it was appropriate for the IAS Court to insist that a copy of the proceeding that did take place be submitted to aid the court in determining whether a resumption of the examination before trial is warranted. The condition that plaintiff Gordon pay for the transcript is appropriate...

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