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Troutman v. Arthur Murray, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 17, 1976
55 A.D.2d 836 (N.Y. App. Div. 1976)

Opinion

December 17, 1976

Appeal from the Monroe Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Dillon and Witmer, JJ.


Order unanimously affirmed, with costs. Simons, J., not participating. Memorandum: Special Term properly denied defendant Arthur Murray, Inc.'s (Murray), motion for a protective order. Due to the nature of the agreement between the defendants it was reasonable to determine that an oral examination of defendant Murray was an appropriate method of discovery and it was also reasonable to provide that defendant, rather than the plaintiffs, should absorb the expenses of such examination. In the absence of a clear abuse, the discretionary act of Special Term should not be disturbed (Siegler v Massachusetts Acc. Co., 255 App. Div. 103 1). The examination should not be held, however, until the proposed examination of Rinaldi in Rochester is completed; this will give plaintiffs and Murray a better idea of the nature and scope of the examination of Murray, narrow the issues and make it easier to conduct such examination and complete it expeditiously.


Summaries of

Troutman v. Arthur Murray, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 17, 1976
55 A.D.2d 836 (N.Y. App. Div. 1976)
Case details for

Troutman v. Arthur Murray, Inc.

Case Details

Full title:MARTHA TROUTMAN et al., Respondents, v. ARTHUR MURRAY, INC., Appellant, et…

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

Date published: Dec 17, 1976

Citations

55 A.D.2d 836 (N.Y. App. Div. 1976)

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