Klevens Construction Co. v. State

Defendant does not contest claimant’s entitlement to the examination sought herein, but requests such examination be conditioned on defendant having its examination of claimant first.

The normal procedure for obtaining disclosure is for either party to merely serve a notice therefor on their adversary (see CPLR 3102, subd [b]; CPLR 3107). The only statute dealing with priority of examinations is CPLR 3106 (subd [a]), which requires a plaintiff to obtain leave of court, on motion, if he desires to serve a notice of examination within 20 days after service of the complaint. The rationale for…