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Rosenblatt v. Windsor Park Nursing Home, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2006
28 A.D.3d 736 (N.Y. App. Div. 2006)

Opinion

2006-00336.

April 25, 2006.

In an action to recover damages for personal injuries and wrongful death, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated November 16, 2005, as granted, in part, that branch of the plaintiff's motion which was for further depositions and denied, in part, its cross motion for a protective order.

Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Richard E. Lerner and Patrick J. Lawless of counsel), for appellant.

Sanders, Sanders, Block, Woycik, Viener Grossman, P.C., Mineola, N.Y. (Melissa C. Ingrassia of counsel), for respondent.

Before: Schmidt, J.P., Skelos, Lunn and Dillon, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in determining that the plaintiff established the necessity for the depositions of the defendant's maintenance supervisor and administrator. The plaintiff demonstrated that the individuals already deposed had insufficient knowledge of the facts surrounding the decedent's burn injury, and that a substantial likelihood existed that the two additional witnesses possessed information material and necessary to the plaintiff's prosecution of the action ( see Stein v. City of New York, 12 AD3d 587, 588; Rivera v. City of New York, 3 AD3d 486; Rochford v. Long Is. R.R. Co., 273 AD2d 291; Zollner v. City of New York, 204 AD2d 626, 627).

The defendant's remaining contentions are without merit.


Summaries of

Rosenblatt v. Windsor Park Nursing Home, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2006
28 A.D.3d 736 (N.Y. App. Div. 2006)
Case details for

Rosenblatt v. Windsor Park Nursing Home, Inc.

Case Details

Full title:LOIS M. ROSENBLATT, Respondent, v. WINDSOR PARK NURSING HOME, INC.…

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

Date published: Apr 25, 2006

Citations

28 A.D.3d 736 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3069
812 N.Y.S.2d 897

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