Legal Opinion

Gabriel v. Johnston's L.P. Gas Service, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

I

The primary issue on this appeal is whether Supreme Court erred in denying those parts of plaintiffs’ motion for a protective order permitting certain plaintiffs who have not been deposed and have left the United States for Guatemala to be deposed in Guatemala via video conference and allowing those plaintiffs who have left the United States for either Mexico or Guatemala to testify at trial by video. We conclude that the court abused its discretion in denying those parts of plaintiffs’ motion with respect to both the depositions and the trial testimony.

II

These…

2Cases cited20 opinions

  1. Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
  2. Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002
  3. Feldsberg v. NitschkeNew York Court of Appeals · 1980
  4. Balbuena v. IDR REALTY LLCNew York Court of Appeals · 2006
  5. Fleming v. GrahamNew York Court of Appeals · 2008

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