Generali Insurance Co. of Trieste & Venice v. Honeywell, Inc.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered April 22, 1992, which, inter alia, denied the cross-motion seeking to compel the deposition of plaintiff Generali’s expert witness, Peter Valias Associates, unanimously affirmed, with costs.

The IAS Court properly determined that no "special circumstances” or conditions existed pursuant to CPLR 3101 (d) (1) (iii) warranting the deposition of plaintiff’s expert witness in connection with an explosion in the basement of the insured premises, where, as here, the material physical evidence, an allegedly defective gas valve…