Olesh v. Lerner

Full title: ALVIN OLESH, Appellant, v. BARRY D. LERNER, Respondent

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

Date published: May 28, 1996

227 A.D.2d 601 (N.Y. App. Div. 1996)

643 N.Y.S.2d 390

Opinion

May 28, 1996

Appeal from the Supreme Court, Nassau County (DeMaro, J.).

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

The plaintiff failed to establish any reasonable excuse for his delay in seeking to depose the defendant with regard to the counterclaims to recover damages for intentional infliction of emotional distress and defamation ( see, e.g., Davidian v. County of Nassau, 152 A.D.2d 617). Accordingly, the court did not improvidently exercise its discretion in determining that the plaintiff had waived his right to do so. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.