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AMERICAN MED. ALERT CORP. v. EVANSTON INS. CO.

8633N, 655974/16.

170 A.D.3d 456 (2019)

93 N.Y.S.3d 837

2019 NY Slip Op 01659

American Medical Alert Corp., Respondent, v. Evanston Insurance Company, Appellant, et al., Defendants.

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

Decided March 7, 2019.

Evanston sought to compel the deposition of an employee who was previously deposed in a related action to which Evanston was not a party. The motion court denied the motion on the ground that because the employee had been deposed in the related action, an examination by Evanston would be redundant. We decline to disturb the motion court's ruling (see Reyes v Lexington 79th Corp, 149 A.D.3d 508 [1st Dept 2017]; CPLR 3101 [a]).

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