Marine Midland National Bank of Troy v. Houston

Appeal from so much of an order of the Supreme Court, Albany County, entered April 10, 1967 which granted a protective order directing that appellants’ examination before trial of the respondent Henry Darby Houston be had “immediately prior to trial, upon reasonable notice, when the case is set down for a trial date ”. Special Term has determined that the examination before trial of the nonresident respondent be held in this fashion and further concluded that the appellants had failed to show that such examination would be necessary prior to that time. Where, as here, the respondent is a…