Niesluchowski v. Clute Motor Co.

OPINION OF THE COURT

Levine, J.

This personal injury action arises out of an accident which occurred January 5, 1977. Plaintiffs obtained an order of the Supreme Court, dated October 22, 1979, authorizing their attorneys to take the oral deposition of the defendant, Clute Motor Company, Inc. (Clute), before commencement of the action, to assist them in drawing a complaint (CPLR 3102, subd [c]). In November, 1979, before the inception of such discovery proceedings, and because of the impending expiration of the Statute of Limitations, plaintiffs commenced the instant action by service of a bare…