Summary
In Ashker, however, the elimination of the plaintiff's position was not part of an overall restructuring of the enterprise, and the appeal was taken from a pre-discovery motion to dismiss (see id. at 726, 563 N.Y.S.2d 572).
Summary of this case from Hamburg v. N.Y. Univ. Sch. of Med.Opinion
December 6, 1990
Appeal from the Supreme Court, Schenectady County (Doran, J.).
Supreme Court properly vacated the notices to take depositions of employees of defendant Nissan Motor Company, Ltd. in New York except as to allow plaintiff to examine the employees in Japan where they were located (see, Ascona Cie., Anstalt v. Horn, 32 A.D.2d 755). The court also properly determined that any such examinations would be at plaintiff's own expense (see, Bosurgi v. Chemical Bank N.Y. Trust Co., 30 A.D.2d 950). Finally, the application for the protective order was done in a timely manner (see, CPLR 3103).
Order affirmed, with costs. Kane, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.