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JIRA v. LEVINEPSTEIN

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 495 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order is affirmed, with costs.

The court did not abuse its discretion in refusing to permit the plaintiffs to depose the defendant physician's former secretary and office manager. The plaintiffs utterly failed to establish that the non-party witness possessed information material and relevant to their preparation for the trial of this medical malpractice action, or that whatever information she might possess could not be obtained either from the defendant himself or from his office records (see, Siegel, N.Y. Prac § 345; CPLR 3101 [a]; Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406-407; Crazytown Furniture v. Brooklyn Union Gas Co., 150 A.D.2d 420; Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333; Herbst v. Bruhn, 106 A.D.2d 546, 549). Thompson, J.P., Kunzeman, Eiber and Rosenblatt, JJ., concur.


Summaries of

JIRA v. LEVINEPSTEIN

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 495 (N.Y. App. Div. 1991)
Case details for

JIRA v. LEVINEPSTEIN

Case Details

Full title:HARMANNA JIRA et al., Appellants, v. ALLAN A. LEVINEPSTEIN, Respondent

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

Date published: Apr 1, 1991

Citations

172 A.D.2d 495 (N.Y. App. Div. 1991)
567 N.Y.S.2d 848