Flood v CSX Transp., Inc.
2010 NY Slip Op 02241 [71 AD3d 1445]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


Diane Flood, as Guardian of the Person and Property of Anne Marie Flood, an Incapacitated Person, Respondent, v CSX Transportation, Inc., Appellant, et al., Defendant.

—[*1] Anspach Meeks Ellenberger LLP, Buffalo (Robert M. Anspach of counsel), for defendant-appellant.

Maxwell Murphy, LLC, Buffalo (Alan D. Voos of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Drury, J.), entered July 2, 2009 in a personal injury action. The order, inter alia, denied the motion of defendant CSX Transportation, Inc. to compel the deposition of plaintiff's expert.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Carni, Green and Gorski, JJ.