Kenford Co. v. County of Erie

Order unanimously modified in accordance with memorandum and, as modified, affirmed, with costs to appellants. Memorandum: To assist them in preparation of their answer in this action respondents moved to take the deposition of three nonparty witnesses. Appellants stipulated that the deposition of one of such witnesses could be taken but objected to the taking of depositions of the other two witnesses; and they appeal from the order granting the right to depose the latter. We agree with Special Term .that a liberal construction should be accorded to the statutory discovery provisions (CPLR…