Opinion
0125482/2000.
June 26, 2008.
ORDER DIRECTING ISSUANCE OF OPEN COMMISSION TO TAKE DEPOSITION OUTSIDE STATE OF NON-PARTY WITNESS ON ORAL QUESTIONS
Plaintiffs, having moved this Court for an Order pursuant to C.P.L.R. § 3108, directing the issuance of an Open Commission to enable. Plaintiffs to take the deposition of a representative of Plymouth Rubber Company as a non-party witness, and to request the Norfolk County Superior Court, Dedham, Massachusetts, to issue a subpoena and subpoena duces tecum to Plymouth Rubber Company to appear for and submit to a deposition at a time, date, and place to be determined by the Norfolk County Superior Court, Dedham, Massachusetts; and the motion having regularly come on to be heard before this Court on the day of June, 2008, and the Weitz Luxenberg, P.C., Plaintiffs, by Adam R. Cooper, Esq., of Weitz Luxenberg, P.C., having appeared in support thereof and the Defendants, having appeared in opposition thereto; and the Court having heard Oral argument and reserved decision thereon;
Now, upon reading all pleadings filed in this matter and due deliberation having been had thereon and upon reading and filing the Memorandum Decision of this Court dated 26 day of June, 2008; and
Upon motion of Weitz Luxenberg, P.C., attorneys for Plaintiffs, it is:
ORDERED, that Plaintiffs' motion for an Open Commission to enable the Plaintiff to take the deposition of a representative of Plymouth Rubber Company as a non-party witness in the State of Massachusetts is GRANTED in all respects; and it is further
ORDERED, that a Commission issue to a Judge of the Norfolk County Superior Court, Dedham, Massachusetts, to take the deposition on oral questions under oath of Plymouth Rubber Company as a non-party witness; and it is further
ORDERED, that Plaintiffs shall bear the costs of conducting the deposition, which costs shall be taxable disbursement in this action.
COMMISSION TO TAKE DEPOSITION OUTSIDE STATE OF NON-PARTY WITNESS ON ORAL QUESTIONS THE PEOPLE OF THE STATE OF NEW YORK
TO: Judge of the Norfolk County Superior Court, Dedham, Massachusetts:
KNOW YE, that we, with full faith in your prudence and competency, have appointed you by a Judge of your Court, Commission and by these presents do authorize you or any of you to examine a representative of Plymouth Rubber Company as a non-party witness in the above captioned action pending in our Supreme Court, New York County, on the part of the Plaintiffs, under oath, upon oral examination to be conducted under Article 31 of the Civil Practice Law and Rules.
We, therefore, request of you that, in furtherance of justice, you will, by proper and usual process of your Court, cause witness, a representative of Plymouth Rubber Company, to appear before you or some competent person by you for that purpose to be appointed and authorized by you at a precise time, and there to answer, under oath, to the several questions and cross-questions put to him/her by the attorneys for the parties hereto and that you will cause the deposition to be committed to writing and return the same to us.
Pursuant to Section 3102(e) of the New York Civil Practice Law and Rules, "[w]hen under any mandate, writ or commission issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness in the state, he may be compelled to appear and testify in this same manner and by the same process as may be employed for the purpose of taking testimony in actions pending in the state. The supreme court or a county shall make any appropriate order in aid of taking such a deposition." In accordance with the foregoing statute we shall be and stand ready, willing and able to do the same for you, as we are asking you to do herein, in a similar case when required.
WITNESS, Honorable Helen E. Freedman Justice of the Supreme Court of the State of New York and the seal thereof, and the City of New York, County of NY this 26 day of June, 2008.