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METROPOLITAN NEW YORK COORDINATING COUNCIL ON JEWISH POVERTY v. FGP BUSH TERMINAL, INC.

1 A.D.3d 168 (2003)

768 N.Y.S.2d 190

METROPOLITAN NEW YORK COORDINATING COUNCIL ON JEWISH POVERTY, Appellant, v. FGP BUSH TERMINAL, INC., et al., Respondents.

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

November 13, 2003.

The court properly quashed plaintiff's subpoena to require the testimony of an expert retained by the defense since involuntary expert opinion testimony may not ordinarily be compelled, and there were no circumstances upon which an exception to this rule might have been premised (see People ex rel. Kraushaar Bros. & Co. v Thorpe, 296 N.Y. 223 [1947]; see also Gilly v City of New York, 69 N.Y.2d 509 [1987]).

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