Hackbarth v. Schoeck

Plaintiff moves for examination before trial of two employees of Schoeck Builders, Inc., pursuant to article 31 of CPLR.

Plaintiff contracted with the defendant to build a home. Fred Schoeck and Richard Schoeck were employed by defendant. Subsequent to the construction, a dispute arose between the parties in which the plaintiff charged the defendant with breach of contract. After the commencement of this action, defendant discontinued operation in his individual name and incorporated under the name of Schoeck Builders, Inc., which continues to develop homes in the same tract of land. Defendant…