Novak. v. Tigani

Herrmann, J.:

By notice served upon counsel, the plaintiffs have called upon the third party defendants to appear in Wilmington for the taking of their depositions. The notice also calls for the attendance in Wilmington of an employee of the third party *172defendants, alleged to be their managing agent, for the purpose . of taking his deposition.

The deponents are residents of New York. The third party defendants have been served with process in the action against them by the third party plaintiff but the plaintiffs, who now seek to take the depositions, have not asserted a claim against 'the…