White v. Bronx Lebanon Hospital Center

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 16, 1996, which granted plaintiffs’ motion to quash the subpoena and notice to take deposition of a nonresident, nonparty witness, and denied defendants’ cross motion for an order directing the witness’s deposition, unanimously affirmed, with costs.

In seeking to take the deposition of a nonresident, nonparty witness nine months after the note of issue was filed, defendants have failed to demonstrate any unusual or unanticipated circumstance warranting deviation from the rule that disclosure proceedings may not be…