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BOATSWAIN v. BOATSWAIN

3 Misc.3d 803 (2004)

778 N.Y.S.2d 850

DAVID BOATSWAIN, Plaintiff, v. NATASHA BOATSWAIN, Defendant.

Supreme Court, Kings County.

February 24, 2004.

Attorney(s) appearing for the Case

Louis Venezia, New York City, for plaintiff.

Legal Aid Society, Brooklyn (Emily Ruben of counsel), for defendant.

Stella Arsenakos, Brooklyn, Law Guardian.

OPINION OF THE COURT

JEFFREY S. SUNSHINE, J.

Introduction

Plaintiff husband moves for an order pursuant to CPLR 3117 (a) (3) (ii) and CPLR 3113 (a) (3) to take the deposition of a witness to be offered at trial on behalf of plaintiff by issuance of a letter rogatory. CPLR 3108 affords parties the opportunity to take a deposition outside of the state by commission or letter rogatory. Defendant opposes...

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