Andersen v. Mazza

OPINION OF THE COURT

Robert L. Estes, J.

Plaintiffs commenced this action on or about November 15, 1986, seeking a judgment pursuant to RPAPL article 15, as well as for compensatory and punitive damages.

Defendants move for a protective order pursuant to CPLR 3103 barring plaintiffs’ use of a transcript of testimony given by defendants’ surveyor, George H. Fulton (Fulton), at an examination before trial held on March 4, 1988, and for costs and sanctions against plaintiffs.

The affidavit of defendants’ attorney satisfies the requirement of 22 NYCRR 202.7. It is clear from that affidavit and a…