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Boylin v. Eagle Telephonics

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 538 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

Appeal from the Supreme Court, Suffolk County (Gowan, J.).


Ordered that the order is affirmed, with costs; the depositions shall proceed at a time and place to be fixed by written notice of not less than 30 days, to be given by the defendant, or at such other time and place as the parties may agree.

A motion for a protective order (CPLR 3101 [a]) is addressed to the sound discretion of the trial court (Matter of U.S. Pioneer Elecs. Corp. [Nikko Elec. Corp.], 47 N.Y.2d 914) and, on this record, we find no basis for disturbing the trial court's denial of the motion. The nonresident plaintiffs chose to invoke the jurisdiction of the New York courts (Spatz v. Wide World Travel Serv., 70 A.D.2d 835), and their motion for a protective order was supported solely by an attorney's affirmation containing only conclusory allegations of hardship (Carberry v. Bonilla, 65 A.D.2d 613; see also, Santamaria v. Walt Disney World, 51 A.D.2d 959; Abrams v. Vaughan Bushnell Mfg. Co., 37 A.D.2d 833, 834). Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.


Summaries of

Boylin v. Eagle Telephonics

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 538 (N.Y. App. Div. 1987)
Case details for

Boylin v. Eagle Telephonics

Case Details

Full title:FRANCIS P. BOYLIN, III, et al., Appellants, v. EAGLE TELEPHONICS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 11, 1987

Citations

130 A.D.2d 538 (N.Y. App. Div. 1987)

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