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GREASY SPOON, INC. v. JEFFERSON TOWERS, INC.

181 A.D.2d 639 (1992)

Greasy Spoon, Inc., Doing Business as West Side Storey, Respondent, v. Jefferson Towers, Inc., Appellant

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

March 31, 1992

The IAS court did not improvidently exercise its discretion in refusing defendant permission to depose the two non-party witnesses. 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 A.D.2d 439

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