Stepak v. Alexander's, Inc.

— These consolidated appeals are decided as follows: Order, Supreme Court, County of New York, entered on Februrary 17, 1976, denying plaintiffs motion for a protective order from defendant Milton E. Mermelstein’s notice of examination, and the court directing that all issues raised at the pretrial examination be decided by the Judge then sitting in Special Term, Part 2, is unanimously affirmed, without costs and without disbursements. The parties clearly have a right to examination under CPLR 3101, and Special Term, Part 2, is properly the forum in which to resolve any issues that may arise…