Greasy Spoon, Inc. v. Jefferson Towers, Inc.

181 A.D.2d 639

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 31, 1992
• Status: Published

Opinion

— Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered June 4, 1991, which, inter alia, granted plaintiffs motion for a protective order striking the deposition notices served by defendant on two non-party witnesses, unanimously affirmed, with costs.

The IAS court did not improvidently exercise its discretion in refusing defendant permission to depose the two non-party witnesses. Defendant’s assertions, advanced solely in its attorney’s affidavit, are conclusory, and fail to show that the testimony of the witnesses is "material and necessary” to its defense (see, Blittner v Berg & Dorf, 138 AD2d 439). Concur— Carro, J. P., Wallach, Asch, Smith and Rubin, JJ.