Fiore v. Sun Bank of Bal Harbour, N. A.

Order, Supreme Court, New York County, entered September 30, 1976, unanimously reversed, in the exercise of discretion, and defendants-respondents’ motion for a protective order denied, with $40 costs and disbursements to appellant. The action is for brokerage commissions. Plaintiff-appellant noticed examination of defendants here. Defendants moved for a protective order. Special Term granted the application on the basis of an affidavit by counsel claiming conclusorily, without stating a basis therefor, that it would be a hardship for his clients' to come here to be examined. "Defendant…