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KOPEC v. CITY OF NEW YORK

248 A.D.2d 513 (1998)

669 N.Y.S.2d 897

John Kopec et al., Appellants, v. City of New York, Respondent, et al., Defendants

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

March 16, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs have failed to demonstrate that depositions of the two proposed witnesses were material and necessary to the prosecution of the action (see, CPLR 3101; Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403). Therefore, the Supreme Court properly exercised its discretion in denying that branch of the plaintiffs' motion which was to compel...

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