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SALMON v. RCP ASSOCS.

243 A.D.2d 314 (1997)

663 N.Y.S.2d 38

George A. Salmon et al., Plaintiffs, v. RCP Associates et al., Defendants. Otis Elevator Company, Third-Party Plaintiff-Respondent, v. Rockefeller Center Properties, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

October 14, 1997

Third-party defendant claims that insofar as the motion court's order directs that the witness it had produced under subpoena while still a nonparty now testify as to all relevant matters, rather than those limited to the third-party notice and subpoena, its effect is to grant third-party plaintiff a priority in the order of pretrial depositions and to deny third-party defendant its right to designate the deponent in the first instance. If this be the effect, there are justifying...

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