FLEX-O-VIT USA, INC. v. NIAGARA MOHAWK POWER CORPORATION


281 A.D.2d 980 (2001)

722 N.Y.S.2d 671

FLEX-O-VIT USA, INC., Respondent, v. NIAGARA MOHAWK POWER CORPORATION, Appellant, et al., Defendants.

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

Decided March 21, 2001.


Order unanimously modified on the law and as modified affirmed with costs to defendant Niagara Mohawk Power Corporation in accordance with the following Memorandum: Plaintiff commenced this action seeking to recover for fire damage sustained to its manufacturing plant on or about July 4, 1995. Supreme Court erred in granting that part of plaintiff's motion seeking to quash the notice of Niagara Mohawk Power Corporation (defendant) to take the deposition of the representative...

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