Lewis v. Baker

Order, Supreme Court, Bronx County (Michael DeMarco, J.), entered September 2, 1999, which, to the extent appealed from as limited by the briefs, denied defendant Sears Roebuck and Company, Inc.’s motion to delete so much of a prior order of the same court and Justice, dated May 25, 1999, which, sua sponte, directed the deposition of non-party Earl Records, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, and that part of the May 25, 1999 order directing the deposition of Mr. Records vacated.

There is no dispute that Mr. Records…