MARSH v. CENTRAL DATSUN, LTD

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.