Opinion
# 2015-015-051 Claim No. 120992 Motion No. M-86454
05-01-2015
TUTOR PERINI CORPORATION FORMERLY KNOWN AS PERINI CORPORATION v. THE STATE OF NEW YORK
Duane Morris, LLP Mark A. Canizio, Esquire and Jessica Singh, Esquire Dingess, Foster, Luciana, Davidson & Chleboski, LLP John R. Dingess, Esquire, No Appearance Honorable Eric T. Schneiderman, Attorney General By: Eidin Beirne, Esquire Assistant Attorney General
Synopsis
Motion for issuance of an open commission was granted.
Case information
| UID: | 2015-015-051 |
| Claimant(s): | TUTOR PERINI CORPORATION FORMERLY KNOWN AS PERINI CORPORATION |
| Claimant short name: | TUTOR PERINI |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 120992 |
| Motion number(s): | M-86454 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | Duane Morris, LLP Mark A. Canizio, Esquire and Jessica Singh, Esquire Dingess, Foster, Luciana, Davidson & Chleboski, LLP John R. Dingess, Esquire, No Appearance |
| Defendant's attorney: | Honorable Eric T. Schneiderman, Attorney General By: Eidin Beirne, Esquire Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 1, 2015 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves for an Order authorizing issuance of an open commission to take the deposition of nonparty witness James DeFalco outside the State of New York on the ground that his testimony is material and necessary to the prosecution of this action.
Defendant established that the proposed deposition testimony of nonparty witness James DeFalco is material and necessary to the prosecution of its claim (CPLR 3101 [a] [4]; see generally Kapon v Koch, 23 NY3d 32 [2014]) and that the proposed open commission for the taking of his testimony in Pennsylvania is necessary and convenient (CPLR 3108; Wiseman v American Motor Sales Corp., 103 AD2d 230 [2d Dept 1984]).
Defendant's motion for an order directing the issuance of an open commission is granted, without opposition. Defendant is directed to submit a proposed Order Directing The Issuance Of An Open Commission (an original), together with a proposed Commission (an original) to be issued by the Clerk of the Court of Claims.
May 1, 2015
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
The Court considered the following papers:
Notice of motion dated March 13, 2015;
Affirmation of Eidin Beirne dated March 13, 2015.