B. B. & D. Productions, Inc. v. Screen Gems, Inc.

Order, entered September 25, 1967, unanimously modified, on the law and the facts, and in the exercise of discretion, to provide that the parties shall pay their respective expenses incurred in the plaintifE’s taking of the deposition of the defendant Raybert Productions, Inc., in California, and that a party ultimately succeeding in the action, if entitled to taxable costs, may tax and recover the expense incurred as a taxable disbursement; and the order is otherwise affirmed, without costs and disbursements. Inasmuch as the notice of deposition requires the production, for use on the…