CPLR 3106 grants parties the right to depose any person and does not require a prior showing of materiality. The preliminary order relied on by the IAS Court was based on the erroneous assumption that the deposition of plaintiff Appolonia Fasciglione in a related Federal action would completely suffice in this action, although these defendants were not parties to the Federal action and the defendant in the Federal action faced a lesser degree of potential liability. Consequently...
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