Opinion
December 22, 1998
Appeal from the Supreme Court, Bronx County (Alan Saks, J.).
CPLR 3106 grants parties the right to depose any person and does not require a prior showing of materiality. The preliminary order relied on by the IAS Court was based on the erroneous assumption that the deposition of plaintiff Appolonia Fasciglione in a related Federal action would completely suffice in this action, although these defendants were not parties to the Federal action and the defendant in the Federal action faced a lesser degree of potential liability. Consequently, it was error here to abrogate the defendants' right to depose plaintiffs.
Concur — Nardelli, J. P., Wallach, Rubin and Williams, JJ.