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SCM CORPORATION v. A. C. BUEHLER (09/23/69)

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.

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.)

19690923

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