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GLASBURGH v. PORT AUTH. OF NEW YORK & NEW JERSEY

213 A.D.2d 196 (1995)

623 N.Y.S.2d 578

James A. Glasburgh, an Infant, by His Mother and Natural Guardian, Susan Glasburgh, et al., Respondents, v. Port Authority of New York and New Jersey, Respondent, and Otis Elevator Company, Defendant and Third-Party Plaintiff-Appellant. Spartan Security Service, Inc., et al., Third-Party Defendants-Respondents

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

March 9, 1995

Defendant Otis Elevator Company's noticed expert is also its employee and is therefore subject to deposition pursuant to CPLR 3101 (a) without restriction as to opinion testimony (McDermott v Manhattan Eye, Ear & Throat Hosp., 15 N.Y.2d 20; Lingener v State Farm Mut. Auto. Ins. Co., 195 A.D.2d 838). The special circumstances requirement of...

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