Legal Opinion

Kelleher v. Mazzaro

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

Decided July 11, 1991PublishedCited by 1 opinion

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Dier, J.), entered June 19, 1990 in Warren County, which denied plaintiffs motion to depose a nonparty witness upon open commission pursuant to CPLR 3108.

Plaintiffs infant son suffered serious dental and maxillary injuries in 1984 when he fell from a horse hired from a riding stable operated by defendants Willis Bennett, Joyce Bennett and Bonnie Bennett (hereinafter collectively referred to as defendants). Plaintiff originally commenced this action in Dutchess County to recover for damages suffered on account of her son’s injuries, but venue was…

2Cases cited3 opinions

  1. Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Stanzione v. Consumer Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  3. Wynkoop v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. In re the Estate of GailiunasAppellate Division of the Supreme Court of the State of New York · 1994

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