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McKay v. Khabele

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2007
46 A.D.3d 258 (N.Y. App. Div. 2007)

Opinion

December 4, 2007.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 17, 2006, which, to the extent appealed as limited by the briefs, limited plaintiff's further depositions of defendant Khabele and nonparty Dr. Gloria Huang, unanimously affirmed, without costs.

Before: Lippman, P.J., Mazzarelli, Andrias, Buckley and Sweeny, JJ.


The motion court did not act improvidently in limiting further depositions of Khabele and Huang to questions related to their notes in newly produced documents and refusing to direct them to answer all questions to which objections had been raised at their initial depositions. Plaintiff failed to justify adequately a broader scope of inquiry or to demonstrate that the limitations deprived them of deposition testimony relevant and necessary for preparation for trial ( see Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 41 AD3d 362; Smukler v 12 Lofts Realty, 178 AD2d 125).


Summaries of

McKay v. Khabele

Appellate Division of the Supreme Court of New York, First Department
Dec 4, 2007
46 A.D.3d 258 (N.Y. App. Div. 2007)
Case details for

McKay v. Khabele

Case Details

Full title:BARBARA McKAY, Appellant, v. DINEO KHABELE, M.D., et al., Respondents

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

Date published: Dec 4, 2007

Citations

46 A.D.3d 258 (N.Y. App. Div. 2007)
846 N.Y.S.2d 187

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