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ALOISE v. SAULO

51 A.D.3d 831 (2008)

858 N.Y.S.2d 354

EMILIO ALOISE, Appellant, v. ALFRED SAULO, Respondent, et al., Defendant.

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

Decided May 20, 2008.

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

The Supreme Court providently exercised its discretion in requiring the plaintiff to produce, at a further deposition, the nail gun that allegedly caused his injuries (see CPLR 3111), as the record demonstrates that the issue of how the nail gun was used during the accident is "material and necessary" to the defense of the action (CPLR 3101 [a]; Allen v Crowell-Collier Publ. Co.,

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