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SCM Corp. v. Buehler

33 A.D.2d 514 Court N.Y. App. Div. Decision date 1969-09-23 English

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p. 514
(September 23, 1969)
SCM Corporation, Respondent, v. A. C. Buehler, Sr., et al., Appellants.

Order entered December 20, 1968, directing the taking of depositions, affirmed, with $30 costs and disbursements to the respondent, on the ground that the second notice, dated June 11, 1968, served by appellants, was defective. A notice, to depose a corporate party may not specify the individuals by whom the party is to be examined. (Necchi S.p.A. v. Nelco Sewing Mach. Co., 23 A D 2d 543 ; Schact Steel Constr. v. Brecher, 2 A D 2d 967 ; United States Overseas Airlines v. Cox, 283 App. Div. 31 .) Concur — Stevens, P. J., Tilzer, Markewich, Nunez and McNally, JJ. Z"