North Shore Towers Apartments, Inc. v. Zurich Insurance

Appellate Division of the Supreme Court of New York

North Shore Towers Apartments, Inc. v. Zurich Insurance

262 A.D.2d 468, 691 N.Y.S.2d 327, 1999 N.Y. App. Div. LEXIS 6643

Appellate Division of the Supreme Court of the State of New York·Decided June 14, 1999·Published·Cited by 3 cases

Opinion

—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated June 25, 1998, which granted the defendant’s motion to quash subpoenas served on the defendant’s expert witnesses.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in quashing the subpoenas served on the defendant’s expert witnesses, as the plaintiff failed to demonstrate that “special circumstances” existed warranting the depositions of the defendant’s experts (see, CPLR 3101 [d] [1] [iii]; 232 Broadway Corp. v New York Prop. Ins. [469]*469Underwriting Assn., 171 AD2d 861). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated June 25, 1998, which granted the defendant’s motion to quash subpoenas served on the defendant’s expert witnesses.

Ordered that the order is affirmed, with costs.

The Supreme Court did not err in quashing the subpoenas served on the defendant’s expert witnesses, as the plaintiff failed to demonstrate that “special circumstances” existed warranting the depositions of the defendant’s experts (see, CPLR 3101 [d] [1] [iii]; 232 Broadway Corp. v New York Prop. Ins. [469]*469Underwriting Assn., 171 AD2d 861). S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

North Shore Towers Apartments, Inc. v. Zurich Insurance, 262 A.D.2d 468, 691 N.Y.S.2d 327, 1999 N.Y. App. Div. LEXIS 6643 (N.Y. Ct. App. 1999).

Pincite

262 A.D.2d 468 (North Shore Towers Apartments, Inc. v. Zurich Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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