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ATKINSON v. TREHAN

70 Misc.2d 612 (1972)

Jeanne Atkinson, Petitioner, v. Surinder K. Trehan et al., Respondents.

Civil Court of the City of New York, New York County.

May 22, 1972

Attorney(s) appearing for the Case

Gettinger & Gettinger (Irving J. Kaufman of counsel), for petitioner. Weil Gotshal & Manges (Myron J. Meadow of counsel), for respondents.

MARTIN B. STECHER, J.

The respondents' motion in this summary proceeding for leave to take petitioner's deposition before trial brings into issue the procedural changes mandated by the CPLR from that followed under the Civil Practice Act.

Initially, these respondents sought to take testimony on notice (CPLR 3102, subd. [b]). The notice was dated April 27, 1972; it scheduled the examination for May 8, 1972; but the trial was originally scheduled...

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