Kopec v. City of New York

Full title: JOHN KOPEC et al., Appellants, v. CITY OF NEW YORK, Respondent, et al.…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 9, 1998

248 A.D.2d 513 (N.Y. App. Div. 1998)

669 N.Y.S.2d 897

Opinion

March 9, 1998

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).

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

The plaintiffs have failed to demonstrate that depositions of the two proposed witnesses were material and necessary to the prosecution of the action ( see, CPLR 3101; Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403). Therefore, the Supreme Court properly exercised its discretion in denying that branch of the plaintiffs' motion which was to compel the respondent to produce those two witnesses.

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.