Legal Opinion

Reyes v. Riverside Park Community, Inc.

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

Decided February 10, 2009PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered June 23, 2008, which denied defendants-appellants’ motion for an order directing the issuance of a commission pursuant to CPLR 3108 to examine a nonparty witness in California, unanimously affirmed, with costs.

The motion court properly denied the motion since “absent allegations that the proposed out-of-State deponent would not cooperate with a notice of deposition or would not voluntarily come within this State or that ‘the judicial imprimatur accompanying a commission will be necessary or helpful when the [designee] seeks the…

2Cases cited3 opinions

  1. Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Susan A. v. Steven J. A.Appellate Division of the Supreme Court of the State of New York · 1988
  3. Lewis v. BakerAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by5 opinions

  1. Sorrentino v. FedorczukAppellate Division of the Supreme Court of the State of New York · 2011
  2. Coventry Real Estate Advisors, L.L.C. v. Developers Diversified Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. MBIA Insurance v. Credit Suisse SecuritiesAppellate Division of the Supreme Court of the State of New York · 2013
  4. MBIA Insurance v. Credit Suisse SecuritiesAppellate Division of the Supreme Court of the State of New York · 2013
  5. National Union Fire Insurance Co. of Pittsburgh v. TransCanada Energy USA, Inc.New York Supreme Court · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API