Legal Opinion
Van Valkenburgh, Nooger & Neville, Inc. v. John F. Rider Publisher, Inc.
New York Supreme Court
Decided April 2, 1965PublishedCited by 2 opinions
1Opinion of the CourtMatthew M. Levy, J.
The controversy on these motions centers on who is to have priority as to the examinations before trial of the respective parties.
In respect of such issue, CPLR 3106 (subd. [a]) provides as to “ normal priority ” that “ After an action is commenced, any party may take the testimony of any person by deposition ”. And then it is stated that “ Leave of the court, granted on motion, shall be obtained if notice of the taking of the deposition of a party is served by the plaintiff within twenty days after service of the complaint.’’ CPLR 3107 provides: “A party to be examined pursuant to notice…
2Cases cited7 opinions
- In re OransNew York Supreme Court · 1965
- Waterman v. MarpetAppellate Division of the Supreme Court of the State of New York · 1953
- Westinghouse Electric Corp. v. LyonsAppellate Division of the Supreme Court of the State of New York · 1953
- Kolber v. KolberAppellate Division of the Supreme Court of the State of New York · 1944
- Revesz v. GeigerNew York Supreme Court · 1963
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3Cited by2 opinions
- Rifkind v. Web IV Music, Inc.New York Supreme Court · 1971
- Van Valkenburgh, Nooger & Neville, Inc. v. John F. Rider Publisher, Inc.Appellate Division of the Supreme Court of the State of New York · 1965