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McGOWAN v. GREAT NORTHERN INSURANCE COMPANY

2010-05121.

88 A.D.3d 665 (2011)

930 N.Y.S.2d 881

2011 NY Slip Op 7011

JAMES P. McGOWAN et al., Respondents, v. GREAT NORTHERN INSURANCE COMPANY, Appellant, et al., Defendant.

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

Decided October 4, 2011.

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

Since the persons upon whom the appellant served the subject subpoenas are expert witnesses (see Russo v Quincy Mut. Fire Ins. Co., 256 A.D.2d 1164 [1998]), the appellant was required to make a showing of special circumstances warranting depositions of those witnesses (see CPLR 3101 [d] [1] [iii];

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