Pascoe v. Long Island Rail Road

In a wrongful death action, defendant appeals from an order of the Supreme Court, Queens County, entered December 12, 1973, which granted plaintiff’s motion to vacate defendant’s notice of pretrial examination of a nonparty witness and denied defendant’s cross motion for leave to examine the witness. Order reversed, with $20 costs and disbursements, and plaintiff’s motion denied *830and defendant’s cress motion granted. - The examination shall proceed at the place set forth in the extant notice to examine, at a time to be fixed in a written notice of not less than 10 days, to be given by…