Libson v. Novack

This is a motion by plaintiff to examine the defendant before trial in a negligence action. The only issue is as to the time and place for the taking of the deposition.

The defendant maintains an office for the regular transaction of his business in New York County; that is where the plaintiff seeks to conduct the examination. And the plaintiff wishes to proceed with the pretrial deposition at the present time. On the other hand, the defendant urges that he is a resident of Sullivan County, actively operating and managing a large bungalow and hotel colony there, which employs about 300…