Gehen v. Consolidated Rail Corp.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court *1027did not abuse its discretion in ordering defendants to “show a good faith effort” to produce four former employees for depositions in Erie County (see, MS Partnership v Wal-Mart Stores, 273 AD2d 858, 858-859). The court erred, however, in further ordering defendants to pay plaintiffs counsel’s costs and plaintiffs expenses in procuring the testimony. Any expenses incurred by a party in connection with discovery should be paid by the party incurring the…