SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
September 23, 1969
SCM CORPORATION, RESPONDENT,
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.
Concur -- Stevens, P. J., Tilzer, Markewich, Nunez and McNally, JJ.
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.)
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