Legal Opinion
Atkinson v. Trestan
Civil Court of the City of New York
Decided May 22, 1972PublishedCited by 3 opinions
1Opinion of the CourtMartin B. Stecher, J.
The respondents’ motion in this summary proceeding for leave to take petitioner’s deposition before trial brings into issue the procedural changes mandated by the CPLR from that followed under the. Civil Practice Act.
Initially, these respondents sought to take testimony on notice (CPLR 3102, subd. [b]). The notice was dated April 27, 1972; it scheduled the examination for May 8, 1972; but the trial was originally scheduled to be had on April 24,1972. On May 2,1972, the respondents procured an order requiring petitioner to show cause why such deposition should not be had.
*613The initial procedure…
2Cases cited2 opinions
- Marie Dorros, Inc. v. Dorros Bros.Appellate Division of the Supreme Court of the State of New York · 1948
- 42 West 15th Street Corp. v. FriedmanAppellate Terms of the Supreme Court of New York · 1955
3Cited by3 opinions
- Little Ferry Associates v. DiazDistrict Court, S.D. New York · 1980
- Pamela Equities Corp. v. Louis Frey Co.Civil Court of the City of New York · 1983
- State v. StevensNew York Supreme Court · 1985