Kinney v. First Baptist Church

By notice dated January 7, 1965, the defendant has requested under CPLR 3102 and 3110 an oral examination of the plaintiff with respect to evidence material and necessary in the defense of this action.

Plaintiff has moved under CPLR 3103 to vacate the notice to take his testimony or, in the alternative, to modify said notice *657upon the ground that he is now a resident of the State of Arizona and that his attendance at an examination in Broome County would be a hardship. Plaintiff further says such attendance in Broome County would subject him to disproportionate expense and would also interrupt…