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Eastern District of New York Judge Dora Irizarry refused to allow the deposition of attorney Norman Zivin and his firm, Cooper & Dunham, saying the defendants in Patsy’s Italian Restaurant, Inc. v. Banas, 06-CV-00729, “failed to establish a specific need for the deposition.”

The case, Judge Irizarry said, illustrated the guidelines set by the 2nd U.S. Circuit Court of Appeals, which, unlike at least one other circuit, has specifically declined to set a hard-and-fast rule barring the deposition of opposing counsel.

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