J & E Productions, Inc. v. Lavenson

Order, Supreme Court, New York County, entered on October 8, 1974, granting plaintiffs motion for a protective order, affirmed. Respondent shall recover of appellants $40 costs and disbursements of this appeal. Concur—Stevens, P. J., Kupferman, Murphy and Tilzer, JJ.; Capozzoli, J., dissents in the following memorandum: Capozzoli, J. (dissenting). Simultaneously with the service of their answer herein defendants served a set of interrogatories. Thereafter, claiming the answers to the interrogatories to be deficient, they served a notice to take the plaintiffs oral deposition. CPLR 3102…