Legal Opinion

Wagner v. NFS Financial Services, Inc.

New York Supreme Court

Decided May 8, 1978PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Bentley Kassal, J.

ISSUE

Shall a party be permitted to simultaneously pursue the disclosure devices of deposition and interrogatories against the same witness?

FACTS

Pursuant to defendant’s notice, the deposition of plaintiff was held on two days in October, 1977 and adjourned, pending completion of plaintiff’s production of certain documents. Thereafter, and before completion of that deposition, defendant served the interrogatories which are the subject of this motion.

*135It is readily apparent from even a brief examination of the interrogatories that many of the questions are…

2Cases cited3 opinions

  1. Rios v. DonovanAppellate Division of the Supreme Court of the State of New York · 1964
  2. Katz v. PosnerAppellate Division of the Supreme Court of the State of New York · 1965
  3. J & E Productions, Inc. v. LavensonAppellate Division of the Supreme Court of the State of New York · 1975

3Cited by3 opinions

  1. Barouh Eaton Allen Corp. v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Zlatnick v. Government Employees InsuranceCivil Court of the City of New York · 2003
  3. ACWOO International Steel Corp. v. Frenkel & Co.Appellate Division of the Supreme Court of the State of New York · 1990

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