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WEIL v. FASHION BOUTIQUE OF SHORT HILLS, INC.

45 A.D.3d 485 (2007)

847 N.Y.S.2d 162

WEIL, GOTSHAL & MANGES LLP, Plaintiff, v. FASHION BOUTIQUE OF SHORT HILLS, INC., et al., Defendants. PRADA USA CORP., Nonparty Appellant; JESSICA MARTINI, Nonparty Respondent.

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

Decided November 27, 2007.

Martini was subpoenaed by defendants in the underlying action to give deposition testimony regarding Prada's legal relationship with plaintiff. The deposition was to be limited to a transaction that had taken place during Martini's former employment by Prada, but Prada apparently concealed the fact that it had fired Martini.

Under the unique facts of this case, we agree with the motion court that Martini was entitled to...

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