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VALENCIA v. OBAYASHI CORPORATION

2010-00488, 2010-00808.

84 A.D.3d 786 (2011)

922 N.Y.S.2d 794

HERMES VALENCIA, Also Known as HERMAN VALENCIA, et al., Respondents, v. OBAYASHI CORPORATION et al., Defendants, and E.W. HOWELL CO., INC., Also Known as E.W. HOWELL CONSTRUCTION CO., INC., and Another, Appellant. (And Third-Party Titles.)

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

Decided May 3, 2011.

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

In an order entered November 30, 2009, the Supreme Court, inter alia, granted that branch of the plaintiffs' motion which was for a protective order precluding discovery of any audio recordings of counsel's conversations with, or interviews of, nonparty witnesses other than the witness Barry Alpers. Witness statements taken by a party...

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