Murray v. New York City Health Hospitals

Full title: STEPHLYN MURRAY et al., Appellants, v. NEW YORK CITY HEALTH HOSPITALS…

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

Date published: May 30, 1995

215 A.D.2d 736 (N.Y. App. Div. 1995)

627 N.Y.S.2d 969

Opinion

May 30, 1995

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

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

The Supreme Court did not improvidently exercise its discretion in refusing to permit the plaintiffs to depose nonparty Louis Camilien (see, Jira v Levin-Epstein, 172 A.D.2d 495). The plaintiffs failed to establish that he possessed material and relevant information that could not be obtained either from one of the defendants or from another source (Jira v Levin-Epstein, supra).

Nor did the court improvidently exercise its discretion in limiting, for the time being, the plaintiffs' discovery of the seven nurses who cared for the plaintiffs' decedent in the recovery room to the service of interrogatories upon them. Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.