Buren v. Schein

BYERS, District Judge.

This is a, plaintiff’s motion to vacate defendant’s notice to take the deposition of the plaintiff, Helen Burén, and one, George J. Burén as a witness, the defendant’s notice having been served pri- or to that of the plaintiff to take the deposition of the defendant.

The sole question is whether in a case in which plaintiff alleges fraud on the part of the defendant, plaintiff is entitled to priority in the taking of depositions although the plaintiff’s notice is subsequent in point of time to that served by the defendant.

The general principle has come to be recognized…