Hoopers Restaurant System Inc. v. City of New Rochelle

In an action, inter alia, to declare invalid a building moratorium ordinance, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered April 4, 1989, which denied their motion for a protective order vacating the plaintiffs notices of deposition served upon the defendants Leonard Paduano and Francis X. Judge.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, to set a new timetable for the conducting of depositions.

As the Supreme Court correctly determined and as defense counsel…