Davis Sportswear, Inc. v. Parker

Motion by defendants for an order pursuant to CPLR 8301 (subd. [b]) directing plaintiff to pay them for the “ reimbursement ” of a stated sum to a witness, is denied without prejudice to a plenary action, if the witness be so advised. The sum requested, $544, represents the witness’ expenses and loss sustained in attendance and travel to New York in response to plaintiff’s motion to take his deposition as a witness.

After plaintiff’s motion for the deposition out of the State was made, defendants and the witness agreed with plaintiff’s attorney that the motion be withdrawn and arrangements…