Cornell v. Mor-Nell Development Corp.
New York Supreme Court
1Opinion of the CourtDomenick L. Gabrielli, J.
On July 21, 1964, plaintiff served upon defendant a notice in Action No. 1 to examine the defendant before trial. The examination was to be conducted on July 31, 1964. Eight days prior to this examination, the defendant, by notice of motion, made application for a protective order relative to the examination to be conducted. The defendant did not appear on July 31 and plaintiff now seeks an order under CPLR 3126 striking the answer of the defendant.
3103, subd. (b) of the Civil Practice Law and Rules provides as follows: “ Suspension of disclosure pending application for protective order.…
2Cases cited7 opinions
- People v. . McClellanNew York Court of Appeals · 1908
- Lustig v. Longchamps, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Carney v. Liebmann Breweries, Inc.New York Supreme Court · 1957
- Weber v. Columbia Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Gaffney v. City of New YorkNew York Supreme Court · 1964
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3Cited by6 opinions
- Coffey v. Orbachs, Inc.Appellate Division of the Supreme Court of the State of New York · 1964
- Coonradt v. WalcoNew York Supreme Court · 1967
- Di Bartolo v. American & Foreign InsuranceNew York Supreme Court · 1966
- Warriner Smith Util., Inc. v. Intercoast Ellenville AssociatesNew York Supreme Court · 1976
- Fleming v. FlemingNew York Supreme Court · 1966
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