Baralan Intl. v. Bormioli

—Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 9, 2000, which denied the motion of defendant Avant Industries, Limited (Avant) to vacate the November 10, 1999 order of the Special Referee directing the Clerk of the Court to issue an open commission for the deposition of the non-party former principal of Avant, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion granted and the November 10, 1999 order vacated.

This action was originally commenced in the Supreme Court in 1979, and has been the subject of several…