JIRA v. LEVIN-EPSTEIN


172 A.D.2d 495 (1991)

Harmanna Jira et al., Appellants, v. Allan A. Levin-Epstein, Respondent

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

April 1, 1991


Ordered that the order is affirmed, with costs.

The court did not abuse its discretion in refusing to permit the plaintiffs to depose the defendant physician's former secretary and office manager. The plaintiffs utterly failed to establish that the non-party witness possessed information material and relevant to their preparation for the trial of this medical malpractice action, or that whatever information she might possess could not be obtained either from the defendant...

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