Opinion
May 10, 1993
Appeal from the Supreme Court, Queens County (Graci, J.).
Ordered that the appeal from the order dated January 7, 1991, is dismissed, as that order was superseded by the order dated July 26, 1991, made upon reargument; and it is further,
Ordered that the order dated July 26, 1991, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Upon our review of the record, we find that the Supreme Court properly exercised its discretion in granting the defendant's motion for leave to depose nonparty witness Bernard Gelb, who is presently incarcerated in a Federal correctional facility in Pennsylvania (see, CPLR 3106 [c]). In this regard, we note that Gelb was an officer and director of the plaintiff corporation at the time the parties entered into the licensing agreement which is the subject matter of this lawsuit, and that the defendant has established that Gelb's deposition is relevant and necessary to its preparation for trial (see, Tahini Invs. v Bobrowsky, 99 A.D.2d 489). Moreover, the plaintiff corporation has no standing to assert Gelb's privilege against self incrimination, since the privilege is a personal right which cannot be invoked by a corporation (see, United States v White, 322 U.S. 694, 698-699; State of New York v Carey Resources, 97 A.D.2d 508; People v Kozer, 33 A.D.2d 617). Finally, we note that the plaintiff has failed to demonstrate any basis for its claim that the Supreme Court improvidently exercised its discretion in directing that Gelb's deposition be recorded on videotape, as permitted by CPLR 3113 (b) and 22 NYCRR 202.15 (c). Thompson, J.P., Eiber, Ritter and Joy, JJ., concur.