Walia v. Nassau County

Appellate Division of the Supreme Court of New York

Walia v. Nassau County

303 A.D.2d 402, 755 N.Y.S.2d 881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 3, 2003

StatusPublished

This text of 303 A.D.2d 402 (Walia v. Nassau County) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walia v. Nassau County, 303 A.D.2d 402, 755 N.Y.S.2d 881 (N.Y. Ct. App. 2003).

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Opinion

—In an action to recover damages ' for assault, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 13, 2002, as denied that branch of his motion which was to depose six designated correction officers employed by the defendant Nassau County.

Ordered that the order is affirmed insofar as appealed from, with costs.

[403]*403The plaintiff failed to adequately show that the designated correction officers possess knowledge of the facts bearing on the issues in this case (see MS Partnership v Wal-Mart Stores, 273 AD2d 858 [2000]; Defina v Brooklyn Union Gas Co., 217 AD2d 681 [1995]; Dwyer v State, 158 AD2d 660 [1990]). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was to depose these officers (see CPLR 3101). Feuerstein, J.P., Gold-stein, H. Miller and Rivera, JJ., concur.

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—In an action to recover damages ' for assault, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 13, 2002, as denied that branch of his motion which was to depose six designated correction officers employed by the defendant Nassau County.

Ordered that the order is affirmed insofar as appealed from, with costs.

[403]*403The plaintiff failed to adequately show that the designated correction officers possess knowledge of the facts bearing on the issues in this case (see MS Partnership v Wal-Mart Stores, 273 AD2d 858 [2000]; Defina v Brooklyn Union Gas Co., 217 AD2d 681 [1995]; Dwyer v State, 158 AD2d 660 [1990]). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was to depose these officers (see CPLR 3101). Feuerstein, J.P., Gold-stein, H. Miller and Rivera, JJ., concur.

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Bluebook (online)

303 A.D.2d 402, 755 N.Y.S.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walia-v-nassau-county-nyappdiv-2003.

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