Bosurgi v. Chemical Bank New York Trust Co.

Order, entered March 4,1968, granting plaintiffs’ motion for a protective order, vacating defendant’s notice to take the deposition of plaintiff Emilio Bosurgi, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion denied, with $30 costs and disbursements. In view of the statement of plaintiffs’ attorney that Emilio Bosurgi, a native of Italy, will not attend the trial, the examination at defendant’s option may be had in Messina, Italy, by written interrogatories or upon open commission. If defendant elects the latter, the parties shall pay their…