Opinion
July 15, 1985
Appeal from the Supreme Court, Nassau County (McCaffrey, J.).
Order affirmed, with costs.
Plaintiffs have shown the need to depose the nonparty witness in order to fully prepare for trial. Hence, they are entitled to take his deposition pursuant to CPLR 3101 (a) (4) ( see, Slabakis v. Drizin, 107 A.D.2d 45, 47; Kelly v. Shafiroff, 80 A.D.2d 601, 602). Lazer, J.P., Gibbons, Thompson and Kunzeman, JJ., concur.