Opinion
No. 15557/2007.
2013-09-26
Richard CABAN, Plaintiff, v. PLAZA CONSTRUCTION CORP., UBS Real Estate Investments, Inc., Fisher–Park Lane Owner, LLC and Fisher–Park Lane Manager Corp., Defendants. Plaza Construction Corp., UBS Real Estate Investments, Inc., Fisher–Park Lane Owner, LLC and Fisher–Park Lane Manager Corp., Third–Party Plaintiffs, Ess & Vee Acoustical Contractors, Inc. and Forest Electrical Corp., Third–Party Defendants.
Thus, the defendants failed to demonstrate that additional testimony from the nonparty witnesses or the information sought would be material and necessary to the defense of this case (see Dicenso v. Wallin, 109 AD3d 508 [2d Dept.2013] ). The defendants' contentions regarding their right to conduct nonparty discovery in this case are without merit. Further, the defendants failed to make any showing that the requested information regarding the plaintiff's activities is not available from other sources, including the plaintiff, the IME physicians and and plaintiff's own physicians (see Habib v. Best Yet Mkt. of Hicksville, Inc., 101 AD3d 1083 [2d Dept.2012]; Cotton v. Cotton, 91 AD3d 697 [2d Dept.2012]; Menkes v. Beth Abraham Servs., 89 AD3d 647[1st dept.2011]; Conte v. County of Nassau, 87 AD3d 558 [2d Dept.2011]; Kooper v. Kooper, 74 AD3d 6 [2d Dept.2010]; Reich v. Reich, 36 AD3d 506 [1st Dept.2007] ).