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Greasy Spoon, Inc. v. Jefferson Towers, Inc.
181 A.D.2d 639
| N.Y. App. Div. | 1992
|
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— 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 *640witnesses. 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.

Case Details

Case Name: Greasy Spoon, Inc. v. Jefferson Towers, Inc.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 31, 1992
Citation: 181 A.D.2d 639
Court Abbreviation: N.Y. App. Div.
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