Opinion
March 16, 1971
Order, Supreme Court, New York County, entered June 30, 1970, insofar as it denied appellant's motion to quash subpoena and vacate notice of deposition, unanimously reversed on the law and the facts, and appellant's motion for a protective order is granted. Appellant shall recover of defendant-respondent $30 costs and disbursements of this appeal. In this wrongful death action, the attorneys for the defendant already have in their possession, the minutes of the trial wherein the appellant testified; in the instant action he is not a party, and subjecting him to a pretrial examination on matters already known to the defendant, would be a needless harassment.
Concur — Capozzoli, J.P., McGivern, Markewich, Nunez and Kupferman, JJ.