Brand v. Colgate-Palmolive Co.

Order, entered on March 10, 1964, denying defendant-appellant’s motion for a protective order in a products liability ease, unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents. The notice to take defendants’ oral testimony before trial on February 5, 1964, was served on January 23, 1964. Defendant-appellant had ample time to move for a protective order which would have automatically stayed the examination. (CPLR 3103, subd. [b].) However, it sought and obtained an adjournment of the examination pursuant to the notice without reservation of any right to object. “By…