Habib v Best Yet Mkt. of Hicksville, Inc.

Dec 26, 2012
2011-09538
Versions:101 AD3d 1083
2012 NY Slip Op 09029

Morrison & Wagner, LLP, New York, N.Y. (Eric H. Morrison of counsel), for appellants.

Martyn, Toher & Martyn, Mineola, N.Y. (Thomas M. Martyn of counsel), for defendants-respondents.

Eric T. Schneiderman, Attorney General, New York, N.Y. (Richard Dearing and Oren L. Zeve of counsel; Scott Weingart on the brief), for nonparty respondent.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Marano, J.), dated August 3, 2011, which denied their motion to compel the deposition of a nonparty witness and to extend their time to file a motion to set aside the verdict pursuant to CPLR 4404.

Ordered that the order is affirmed, with costs.

Under the facts of this case, the Supreme Court did not improvidently exercise its discretion in denying that branch of the plaintiffs’ motion which was to extend the time within which to make a posttrial motion to set aside the verdict pursuant to CPLR 4404 (see CPLR 4405; Brzozowy v ELRAC, Inc., 39 AD3d 451 [2007]). Moreover, the Supreme Court properly denied that branch of the plaintiffs’ motion which was to compel the deposition of a nonparty witness, the Justice who presided over the trial in this case. Even if the plaintiffs made a sufficient showing as to relevancy, they did not demonstrate that the information they sought could not be obtained from other sources (see Cotton v Cotton, 91 AD3d 697, 699 [2012]; Kooper v Kooper 74 AD3d 6 [2010]).

In light of our determination, we need not reach the parties’ remaining contentions. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.