Sorrentino v. Fedorczuk

*760In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Baisley, Jr., J.), dated November 5, 2010, which denied his motion to depose nonparty witness Michael Brooks upon an open commission pursuant to CPLR 3108.

Ordered that the order is modified, on the law and in the exercise of discretion, by adding thereto the words “without prejudice to renewal” following the words “is denied” contained in the first sentence of the last paragraph thereof; as so modified, the order is affirmed, without costs or disbursements.

Approximat…