Calace v. Battaglia

In this action to recover for personal injuries allegedly sustained as a result of defendant’s negligence, the plaintiff moves pursuant to CPLR “ 3106 through 3116 ” for the taking of his deposition to perpetuate his testimony; also for an examination of the defendant before trial and for the production upon said examination of certain specified documents, including a copy of defendant’s signed statement given by him to his insurance company claims adjuster prior to institution of the instant action.

The defendant raises no objection to the proposed taking of plaintiff’s deposition and to the…