Nieves v. Madison Square Boys Club

Appellate Division of the Supreme Court of New York

Nieves v. Madison Square Boys Club

199 A.D.2d 96, 605 N.Y.S.2d 865

Appellate Division of the Supreme Court of the State of New York·Decided December 14, 1993·Published

Opinion

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 28, 1993, which denied plaintiffs’ motion for an order compelling further deposition of three additional witnesses, unanimously affirmed, without costs.

[97] The IAS Court properly denied plaintiffs’ motion in light of plaintiffs’ failure to demonstrate in what respect the earlier depositions had of defendant’s witnesses were inadequate (see, Instructional Tel. Corp. v National Broadcasting Co., 63 AD2d 644), and in light of the plaintiffs having previously filed a Certificate of Readiness. Concur—Ellerin, J. P., Kupferman, Rubin and Nardelli, JJ.

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Order, Supreme Court, Bronx County (Bertram Katz, J.), entered on or about January 28, 1993, which denied plaintiffs’ motion for an order compelling further deposition of three additional witnesses, unanimously affirmed, without costs.

[97] The IAS Court properly denied plaintiffs’ motion in light of plaintiffs’ failure to demonstrate in what respect the earlier depositions had of defendant’s witnesses were inadequate (see, Instructional Tel. Corp. v National Broadcasting Co., 63 AD2d 644), and in light of the plaintiffs having previously filed a Certificate of Readiness. Concur—Ellerin, J. P., Kupferman, Rubin and Nardelli, JJ.

Nieves v. Madison Square Boys Club, 199 A.D.2d 96, 605 N.Y.S.2d 865 (N.Y. Ct. App. 1993).

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Opinion

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