Watkins v. City of New York

Full title: SHERWIN J. WATKINS et al., Respondents, v. CITY OF NEW YORK et al.…

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

Date published: Jan 24, 1995

211 A.D.2d 544 (N.Y. App. Div. 1995)

621 N.Y.S.2d 72

Opinion

January 24, 1995

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

We reject defendants' contention that the IAS Court abused its discretion in ordering the deposition of additional witnesses, including three Transit Authority police officers who assisted plaintiffs on the night of the attack against them. Notwithstanding that those sought to be deposed may not have witnessed the attack on plaintiffs, their testimony concerning matters occurring both before and after the attack is relevant and material (Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 407).

Concur — Murphy, P.J., Rosenberger, Williams and Tom, JJ.