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ABREU v. DEB-BIE REALTY ASSOCIATES, LLC

44 A.D.3d 415 (2007)

843 N.Y.S.2d 257

ANTHONY ABREU, an Infant, by His Mother and Natural Guardian, MARIA QUIROZ, et al., Respondents, v. DEB-BIE REALTY ASSOCIATES, LLC, Appellant and Third-Party Plaintiff-Appellant. HERBERT G. BIRCH SERVICES, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And Other Actions.)

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

Decided October 11, 2007.

The record does not show a "substantial likelihood" that the three additional witnesses the owner wants to depose, plaintiff's teacher and two assistant teachers, observed plaintiff ingesting paint chips or otherwise possess material and necessary information in addition to that already given by the school's principal, maintenance supervisor and another assistant teacher (see Hayden v City of New York, 26 A.D.3d 262

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