Allis-Chalmers Corp. v. United States Steel Corp.

OPINION OF THE COURT

Bentley Kassal, J.

ISSUE

In this motion for a protective order, the issue is whether the priority of deposition established by one party, pursuant to CPLR 3106 (subd [a]) absolutely precludes an adversary from conducting any depositions until the party with priority is satisfied that it has all of the information it seeks.

*866FACTS

Defendant undisputedly obtained priority in this case having been the first party to notice depositions. It is also clear that defendant has not abandoned its priority by failing to pursue such disclosure. (Cf. 1020 Park Ave. v Puzio, 90 Misc 2d 836.)

Pu…