Muss v. Utilities & Industries Corp.

Plaintiffs seek to examine an individual who had been an officer of one of the defendant corporations. They bring their application 1 ‘ pursuant to CPLR § 3101 (a) (4) ”. Notice of the application was given solely to the attorneys for the defendants. The individual whose deposition is sought was not advised of the application nor is he represented here.

We suggest that CPLR 3101 defines in general terms the scope of disclosure and the limitations thereon and that it was not intended as a procedural section. The methods provided for obtaining disclosure begin with CPLR 3102. The reference to *643a…