Alumil Fabrication, Inc. v. F.A. Alpine Window Manufacturing Co.

In an action, inter alia, for replevin and to recover damages for conversion, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated March 24, 2016, which, in effect, granted the defendant’s motion to compel the deposition of a nonparty witness and denied its cross motion for a protective order preventing the defendant from obtaining discovery from the nonparty witness.

Ordered that the order is affirmed, with costs.

CPLR 3101 (a) is to be liberally construed “to require disclosure, upon request, of any facts bearing on the controversy which will assist…