Gilliam v One Bryant Park, LLC (2011 NY Slip Op 09591)

Gilliam v One Bryant Park, LLC

2011 NY Slip Op 09591 [90 AD3d 988]

December 27, 2011

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 1, 2012

Stephan Gilliam, Respondent,
v
One Bryant Park, LLC, et al., Appellants.

—[*1] 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.

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 [2010]; Abbadessa v Sprint, 291 AD2d 363 [2002]). Dillon, J.P., Balkin, Leventhal and Chambers, JJ., concur.