Pacer v. Clarence A. Hackett, Inc.

Order unanimously reversed, with costs, and motion denied. Memorandum: Special Term properly denied the relief sought under CPLR 3120 (subd. [b]) but erred in basing its denial upon the ground that “ Bethlehem Steel 'Corporation is not a party to this action ”. A person not a party may be directed to do whatever a party may be directed to do but “ The motion for such order shall be on notice to all adverse parties ”. It is conceded that defendants-respondents’ motion was not made against the plaintiff and must, therefore, be denied for failure to give the requisite notice. The order further…