Woods v. Daniella Realty Corp.

Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered June 11, 2003, which, inter alia, granted plaintiffs motion for leave to conduct a post note of issue deposition of a nonparty witness, and order, same court and Justice, entered April 2, 2004, which denied the motion of defendant Daniella Realty Corp. for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The grant of plaintiffs motion to conduct a post note of issue deposition of a nonparty witness did not, under the circumstances, constitute an improvident exercise of the motion…