Opinion
April 26, 1971
Appeal by defendant from so much of an order of the Supreme Court, Kings County, dated October 21, 1970, as granted plaintiff's motion to take the deposition of appellant to enable plaintiff to formulate a complaint (CPLR 3102, subd. [c]). Order, insofar as appealed from, reversed, with $10 costs and disbursements, and plaintiff's motion for examination denied. The complaint is to be served, if respondent be so advised, within 20 days after notice of entry of the order hereon. In our opinion, plaintiff possesses sufficient information to frame a complaint without the necessity of the requested examination ( Beikirch v. Loebs, 243 App. Div. 859; Zakarias v. Radio Patents Corp., 20 A.D.2d 795). Martuscello, Acting P.J., Latham, Gulotta, Christ and Benjamin, JJ., concur.