Appellate Division of the Supreme Court of New York, 2000

Hilicki v. Hotel Nikko of New York, Inc.

Appellate Division of the Supreme Court of New York · Decided October 24, 2000

276 A.D.2d 396; 714 N.Y.S.2d 481; 2000 N.Y. App. Div. LEXIS 10742

Cases that cite this one

1 later published case cites this decision.

Bojkovic v. JLT Associates, Inc. (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Ord*397er, Supreme Court, New York County (Louise Gruner Gans, J.), entered December 14, 1999, which, inter alia, denied defendant-appellant’s motion for the issuance of an open commission to take the depositions without the State of two nonparty witnesses, unanimously affirmed, without costs.

The motion for an open commission was properly denied considering that it was made only two days prior to the discovery cut-off date, although appellant became aware of the purported need for the testimony of the out-of-State witnesses no later than two months earlier (see, Red Apple Supermarkets v Malone & Hyde, 251 AD2d 78). Moreover, the relevance of the testimony sought is not apparent. Concur — Sullivan, P. J., Nardelli, Rubin, Saxe and Friedman, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.