Broadband Communications Inc. v. Home Box Office, Inc.

Appeal from the order of the Supreme Court, New York County (David H. Edwards Jr., J.), entered on or about April 25, 1988, which granted a protective order striking plaintiff’s notice to take the deposition of Michael Fuchs, is dismissed as superseded, without costs. Order of the same court and Judge, entered *480June 22, 1989, which reinstated on reargument a protective order against the taking of such deposition, is affirmed, with costs.

In this action for breach of a licensing agreement, defendant alleges a prior breach by plaintiff, and the issue is whether such alleged prior breach entitled…