Schreier v. Mascola

— In an action to recover damages for breach of contract and for an accounting, defendant appeals from an order of the Supreme Court, Nassau County, dated March 26, 1980, which (1) “recalled” a prior order of the same court, dated March 11,1980, (2) granted plaintiff’s motion to direct the issuance of a commission to out-of-State attorneys, inter alia, to discover, inspect and copy documents in the control of a nonparty witness, and (3) denied defendant’s cross motion for a protective order. Order modified, on the law, by deleting the provision granting plaintiff’s motion and substituting a…