Downey v. Lunney

Motion by plaintiff seeking leave to reargue his prior motion for a protective order vacating the subpoena and notice to take the deposition of Alexander Grant & Co., a nonparty witness is granted and upon reargument the court vacates the order dated November ¡20, 1974 (79 Mise 2d 866) and grants the order of protection denying the examination before trial of Alexander Grant & Co.

*536We recognize that there should be full disclosure of all evidence material and necessary to the prosecution or defense of an action (CPLR 3101, subd. [a]; Zayas v. Morales, 45 A D 2d 610) and the “ mere showing Iby…