370 Hamilton Avenue, Inc. v. Allied Outdoor Advertising, Inc.

Order, Supreme Court, Bronx *519County (Mercorella, J.), entered April 9, 1981, which, inter alia, accorded priority of discovery to the plaintiff based upon the order of the time in which the notices to take deposition were allegedly served, unanimously reversed, on the law and the facts and in the exercise of discretion, to the extent appealed from, and provision awarding priority of discovery to plaintiff stricken, without costs. Settle order, with provision for time and place of examination. Summons and complaint were served. In lieu of answer, defendant moved for an order dismissing the…