Appellate Division of the Supreme Court of New York, 2011

McGowan v. Great Northern Insurance

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 665; 930 N.Y.2d 881

Cases that cite this one

1 later published case cites this decision.

Bernardis v. Town of Islip (Appellate Division of the Supreme Court of New York 2012)

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

Since the persons upon whom the appellant served the subject *666subpoenas are expert witnesses (see Russo v Quincy Mut. Fire Ins. Co., 256 AD2d 1164 [1998]), the appellant was required to make a showing of special circumstances warranting depositions of those witnesses (see CPLR 3101 [d] [1] [iii]; Kooper v Kooper, 74 AD3d 6, 12, 16 [2010]). The appellant failed to establish the existence of such circumstances, and thus the Supreme Court properly granted that branch of the plaintiffs’ motion which was to quash the subject subpoenas (see CPLR 3101 [d] [1] [iii]; Fekete v GA Ins. Co. of N.Y., 279 AD2d 300 [2001]; Russo v Quincy Mut. Fire Ins. Co., 256 AD2d at 1164). Prudenti, PJ., Rivera, Austin and Roman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.