GABRIEL v. JOHNSTON'S LP GAS

CA 11-02517.

98 A.D.3d 168 (2012)

947 N.Y.S.2d 716

2012 NY Slip Op 4861

HUGO RAFAEL RAMIREZ GABRIEL, Also Known as CESAR MENDEZ, et al., Appellants-Respondents, v. JOHNSTON'S L.P. GAS SERVICE, INC., Respondent-Appellant, et al., Defendants. (Action No. 1.) HUGO RAFAEL RAMIREZ GABRIEL, Also Known as CESAR MENDEZ, et al., Appellants, v. ANTHONY A. DEMARCO et al., Respondents, et al., Defendants. (Action No. 2.) HUGO RAFAEL RAMIREZ GABRIEL, Also Known as CESAR MENDEZ, et al., Appellants-Respondents, v. RAYTHEON COMPANY, Respondent-Appellant. (Action No. 3.)

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

Decided June 15, 2012.


Attorney(s) appearing for the Case

Michaels & Smolak, P.C., Auburn ( Michael G. Bersani of counsel), for appellants-respondents and appellants.

Costello, Cooney & Fearon, PLLC, Syracuse ( Donald S. DiBenedetto of counsel), for Johnston's L.P. Gas Service, Inc., respondent-appellant.

Law Office of Francis E. Maloney, Jr., Syracuse ( Francis E. Maloney, Jr. , of counsel), for Anthony A. DeMarco, respondent.

Bond, Schoeneck & King, PLLC, Oswego ( Scott J. DelConte of counsel), for Raytheon Company, respondent-appellant.

Davidson & O'Mara, P.C., Elmira ( Thomas F. O'Mara of counsel), for Anthony DeMarco & Sons, Inc., respondent.

SMITH, J.P., PERADOTTO and LINDLEY, JJ., concur.


OPINION OF THE COURT

FAHEY, J.

I

The primary issue on this appeal is whether Supreme Court erred in denying those parts of plaintiffs' motion for a protective order permitting certain plaintiffs who have not been deposed and have left the United States for Guatemala to be deposed in Guatemala via video conference and allowing those plaintiffs who have left the United States for either Mexico or Guatemala to testify at trial by video. We conclude...

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