Opinion
2002-06362
Submitted May 7, 2003.
May 27, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 3, 2002, which denied his motion to quash a subpoena issued to a nonparty, Juan Cortes, directing him to appear for a deposition.
Bert Taras, Old Westbury, N.Y. for appellant.
Wallace D. Gossett, Brooklyn, N.Y. (Lawrence Heisler of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion to quash the subpoena issued to Juan Cortes. The defendant demonstrated that Cortes has information that is material and necessary to the defense of this action (see CPLR 3101[a][4]), and that this information is otherwise unobtainable (see O'Neill v. Oakgrove Constr., 71 N.Y.2d 521, 526; Abbadessa v. Sprint, 291 A.D.2d 363; Bostrum v. William Penn Life Ins. Co. of N.Y., 285 A.D.2d 482; Maxwell v. Snapper, Inc., 249 A.D.2d 374; Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333).
FLORIO, J.P., S. MILLER, FRIEDMANN, ADAMS and RIVERA, JJ., concur.