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Greasy Spoon, Inc. v. Jefferson Towers, Inc.

181 A.D.2d 639 Court N.Y. App. Div. Decision date 1992-03-31 English

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p. 639
Greasy Spoon, Inc., Doing Business as West Side Storey, Respondent, v Jefferson Towers, Inc., Appellant.

— Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered June 4, 1991, which, inter alia, granted plaintiffs motion for a protective order striking the deposition notices served by defendant on two non-party witnesses, unanimously affirmed, with costs.

The IAS court did not improvidently exercise its discretion in refusing defendant permission to depose the two non-party

p. 640
witnesses. Defendant’s assertions, advanced solely in its attorney’s affidavit, are conclusory, and fail to show that the testimony of the witnesses is "material and necessary” to its defense (see, Blittner v Berg & Dorf, 138 AD2d 439 ). Concur— Carro, J. P., Wallach, Asch, Smith and Rubin, JJ.