Sand v. Chapin

Appeal from an order of the Supreme Court (Graffeo, J.), entered August 6, 1997 in Albany County, which, inter alia, denied defendants’ motion to obtain a pretrial deposition from a nonparty witness.

Plaintiff, individually and as administrator of her husband’s *877estate, commenced this action against defendants alleging that defendants’ malpractice and negligence resulted in decedent’s death. Following extensive discovery, defendants moved to, inter alia, depose a nonparty witness to determine the nature of plaintiffs relationship with him. Supreme Court, although acknowledging that the status…