232 BROADWAY CORP. v. NEW YORK PROP. INS. UNDERWRITING ASS'N


171 A.D.2d 861 (1991)

232 Broadway Corp., Respondent, v. New York Property Insurance Underwriting Association, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 25, 1991


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendant's motion to quash the subpoenas seeking the oral depositions of Thomas J. Russo and of a representative of J.S. Held, Inc., is granted.

The Supreme Court erred in determining that special circumstances exist such that the oral deposition of the defendant's expert witnesses are warranted (see, CPLR 3101 [d] [1] [iii]). Contrary to the Supreme Court's decision...

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