Reyes v. Riverside Park Community, Inc.
Appellate Division of the Supreme Court of the State of New York
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
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Susan A. v. Steven J. A.Appellate Division of the Supreme Court of the State of New York · 1988
- Lewis v. BakerAppellate Division of the Supreme Court of the State of New York · 2001
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