Laverdi v Baker

Laverdi v Baker 2015 NY Slip Op 02290 Decided on March 20, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., CARNI, SCONIERS, AND WHALEN, JJ.
197 CA 14-00716

[*1]GLADYS LAVERDI AND FRANCIS M. LAVERDI, PLAINTIFFS-APPELLANTS,

v

ARONA S. BAKER AND PATRICK L. EMMERLING, EXECUTOR OF THE ESTATE OF BERNICE E. BAKER, DECEASED, DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 13, 2013 in a personal injury action. The order granted the motion of defendants for an open commission and letters rogatory for the deposition of Kathryn R. Wilkins, M.D., a nonparty witness.

LAW OFFICES OF WAYNE C. FELLE, P.C., WILLIAMSVILLE (ELIZABETH A. BRUCE OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

BURGIO, KITA, CURVIN & BANKER, BUFFALO (STEVEN P. CURVIN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: March 20, 2015

Frances E. Cafarell

Clerk of the Court