Plummer v. R. H. Macy & Co.

Order, Supreme Court, New York County, entered August 1, 1978, denying appellant witnesses’ motion for a protective order and finding them in contempt and punishing them therefor, is reversed, on the law and the facts, and in the exercise of discretion, without costs, and the motion to punish for contempt is denied. While the physician witness should have obeyed the court order by appearing for examination on June 12, 1978, there are various circumstances which militate against the willfulness of the disobedience. The physician witness was scheduled to leave the country on June 14 and his…