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SHIA v. McFARLANE

46 A.D.3d 320 (2007)

847 N.Y.S.2d 530

JEAN SHIA et al., Appellants, v. NICHOLAS McFARLANE et al., Defendants, and AMERICAN TRANSIT, Intervenor-Respondent.

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

Decided December 13, 2007.

The motion court did not improvidently exercise its discretion in granting a continuance (Matter of Sharnell J., 237 A.D.2d 290 [1997]; see Matter of Anthony M., 63 N.Y.2d 270, 283 [1984]) so that intervenor could present the videotaped deposition testimony of an out-of-state nonparty witness. Both sides were at fault for the delay in discovery since (a) they failed to settle orders...

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