Reyes v. Riverside Park Community, Inc. , 873 N.Y.S.2d 58 ( 2009 )


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  • Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered June 23, 2008, which denied defendants-appellants’ motion for an order directing the issuance of a commission pursuant to CPLR 3108 to examine a nonparty witness in California, unanimously affirmed, with costs.

    The motion court properly denied the motion since “absent allegations that the proposed out-of-State deponent would not cooperate with a notice of deposition or would not voluntarily come within this State or that ‘the judicial imprimatur accompanying a commission will be necessary or helpful when the [designee] seeks the assistance of the foreign court in compelling the witness to attend the examination’, the [appellants have] failed to demonstrate that a commission is ‘necessary or convenient’ ” (Susan A. v Steven J.A., 141 AD2d 790, 791 [1988] [citation omitted], quoting Wiseman v American Motors Sales Corp., 103 AD2d 230, 235 [1984]; see also Lewis v Baker, 279 AD2d 380, 380-381 [2001]).

    *220Motion seeking leave to strike portions of the reply brief denied.

    Concur—Tom, J.E, Saxe, McGuire, Moskowitz and Freedman, JJ.

Document Info

Citation Numbers: 59 A.D.3d 219, 873 N.Y.S.2d 58

Filed Date: 2/10/2009

Precedential Status: Precedential

Modified Date: 1/12/2023