Colechio-Thomas v. County of Cattaraugus

Appeal from an order of the Supreme Court, Cattaraugus County (Gerald J. Whalen, J.), entered July 13, 2010 in a personal injury action. The order denied defendant’s motion and amended motion to compel deposition testimony.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the amended motion to compel the deposition of plaintiffs stepfather and as modified the order is affirmed without costs and the matter is remitted to Supreme Court, Cattaraugus County, in accordance with the following memorandum: Plaintiff commenced this…