Comarco Data Services, Inc. v. Tru-Check Computer Systems, Inc.

— Order, Supreme Court, New York County (Eugene Nardelli, J.), entered January 17, 1989, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of reinstating the replies of Perrone and Gruss, permitting the testimony of Comarco, Schruntek and Ferguson, on the condition that within 60 days from the date of entry of this court’s order counterclaim defendants Perrone and Gruss (1) jointly pay to counterclaim plaintiffs Tru-Check and Kaufman the sum of $1,000 and (2) submit to an examination before trial at a mutually agreeable date, following which…