Popkin v. Original Novelty Co.

Motion by defendants, a copartnership, for an order vacating plaintiff’s notice of examination, subpoena and subpoena duces tecum, or, in the alternative, modifying and limiting the same.

Since defendants are residents of Bronx County, their objection to being examined in Kings County on a notice of examination is well taken (Sapakas v. Shulsk, 181 Misc. 607; Ahearn v. *121Manzione, 270 App. Div. 944). It is only when the examination is held pursuant to order that defendants may be required to appear in the county in which the action is pending (Seidman v. Wolff, 27 N. Y. S. 2d 136; Sapakas v.…