Schrager v. R.H. Macy & Co.

Order, Supreme Court, New York County (Bruce Wright, J.), entered on or about September 19, 1988, which denied defendant’s motion to modify a court order (entered Aug. 28, 1985, directing defendant, inter alia, to subpoena nine former employees) and further directed the striking of the defendant’s answer and an assessment of damages, unanimously reversed, on the law and the facts, the defendant’s motion for modification granted to the extent of striking any further requirement to subpoena or produce former employees for examination before trial and plaintiffs’ motion to strike the defendant’s…