Wolfe v. Fazzini

— Order unanimously reversed, with costs, and motion granted. Memorandum: Defendant Angelini appeals from a denial of his motion, made pursuant to CPLR 3101 (subd [a], par [4]), to take the depositions of the person who served him with the summons and complaint and of the firm which employed the process server. The complaint seeks damages for alleged injuries to plaintiff when she was a passenger in defendant Angelini’s automobile when it was struck by codefendant Fazzini’s vehicle. The accident occurred in Ontario, Canada, and both defendants reside in Ontario. The answer alleges an…