Appellate Division of the Supreme Court of New York, 1992

Greasy Spoon, Inc. v. Jefferson Towers, Inc.

Greasy Spoon, Inc. v. Jefferson Towers, Inc.
Appellate Division of the Supreme Court of New York · Decided March 31, 1992
181 A.D.2d 639
Greasy Spoon, Inc. v. Jefferson Towers, Inc.

Opinion of the Court

— Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered June 4, 1991, which, inter alia, granted plaintiffs motion for a protective order striking the deposition notices served by defendant on two non-party witnesses, unanimously affirmed, with costs.

The IAS court did not improvidently exercise its discretion in refusing defendant permission to depose the two non-party *640witnesses. Defendant’s assertions, advanced solely in its attorney’s affidavit, are conclusory, and fail to show that the testimony of the witnesses is "material and necessary” to its defense (see, Blittner v Berg & Dorf, 138 AD2d 439). Concur— Carro, J. P., Wallach, Asch, Smith and Rubin, JJ.

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