Blake v. LP 591 Ocean Realty

In an action to recover damages for personal injuries, etc., the nonparty New York City Department of Health appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Carson, J.), dated April 3, 1996, as directed it to produce a nonparty witness for deposition.

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, and so much of the order as directed the nonparty New York City Department of Health to produce a nonparty witness for deposition is deleted.

CPLR 3120 (b) provides, in relevant part, that a nonparty to an…