Radolinski v. Otis Elevator Co.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about December 18, 1991, which denied the motion of defendant and third-party plaintiff Otis Elevator Company to continue the depositions of two nonparty witnesses, unanimously affirmed, without costs.

Whether or not adequate circumstances have been shown to support discovery against a nonparty is generally a determination resting within the sound discretion of the court to which the application is made (Brady v Ottaway Newspapers, 63 NY2d 1031, 1032). In this case, the movant has offered no reason why an assessment…