In re the Arbitration between Frenkel & Old Dominion Dairy Products, Inc.

This is a motion by petitioners for an order amending a prior order of this court dated February 8, 1977 which granted petitioners the right pursuant to CPLR 3102 (subd [c]) to take a deposition in aid of arbitration of Old Dominion Dairy Products, Inc., a Virginia corporation, ("Old Dominion”), as a nonparty witness. In their prior motion, which was granted by default, petitioners sought to depose Old Dominion in order to learn the amount of stock in Old Dominion purchased by respondent and the dates of such purchases. This was relevant to the issue of liability in the arbitration…