Gilliam v One Bryant Park, LLC

Gilliam v One Bryant Park, LLC 2011 NY Slip Op 09591 Decided on December 27, 2011 Appellate Division, Second 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 December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
2011-00002
(Index No. 26204/08)

[*1]Stephan Gilliam, respondent,

v

One Bryant Park, LLC, et al., appellants. London Fischer, LLP, New York, N.Y. (Brian A. Kalman of counsel), for appellants.




Lipsig, Shapey, Manus & Moverman, P.C., (Pollack, Pollack,
Isaac & De Cicco, New York, N.Y. [Brian J. Isaac and Michael
H. Zhu], of counsel), for respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Martin, J.), dated October 12, 2010, which denied their motion for leave to depose a certain nonparty witness.

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendants' motion for leave to depose the plaintiff's treating physician (see CPLR 3101[a][4]; Kooper v Kooper, 74 AD3d 6; Abbadessa v Sprint, 291 AD2d 363).
DILLON, J.P., BALKIN, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court