Van Valkenburgh, Nooger & Neville, Inc. v. John F. Rider Publisher, Inc.

Order, entered April 16, 1965, unanimously modified, on the law, on the facts and in the exercise of discretion, *438to provide that the defendants shall have priority of examination, and order otherwise affirmed, with $30 costs and disbursements to defendants-appellants. CPLR 3106 (subd. [a]) provides that a plaintiff may not serve a notice to take the deposition of a party “ within twenty days after service of the complaint ” except with leave of the court. It has been heretofore held at Special Term that where “ an amended complaint has been served, the twenty-day time period commences with…