Sciara v. Surgical Associates of Western New York, P.C.

Fahey and Martoche, JJ.

(dissenting in part). We respectfully dissent in part because we cannot agree with the majority that Supreme Court erred in granting in part the cross motion of *1258Usha Chopra, M.D. (respondent), a nonparty, by permitting respondent’s counsel to participate in a limited fashion during plaintiffs’ continued deposition of respondent. We therefore would affirm the order. The majority relies on the statement of this Court in Thompson v Mather (70 AD3d 1436, 1438 [2010]) that “counsel for a nonparty witness does not have a right to object during or otherwise to participate in a…