Dixon v. City of Yonkers

In an action, inter alia, to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered March 24, 2004, which denied their motion to quash a subpoena served upon the nonparty witness, Charles Peter.

Ordered that the order is affirmed, with costs.

When the plaintiff served a subpoena upon Charles Peter, a botanist, directing him to appear for a deposition, the defendants had not yet identified Dr. Peter as their expert witness pursuant to CPLR 3101 (d) (1) (i). Where, as here, the complaint alleges that the decedent’s…