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HILICKI v. HOTEL NIKKO OF NEW YORK, INC.

276 A.D.2d 396 (2000)

714 N.Y.S.2d 481

MARY C. HILICKI, Respondent, v. HOTEL NIKKO OF NEW YORK, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 24, 2000.

The motion for an open commission was properly denied considering that it was made only two days prior to the discovery cut-off date, although appellant became aware of the purported need for the testimony of the out-of-State witnesses no later than two months earlier (see, Red Apple Supermarkets v Malone & Hyde, 251 A.D.2d 78). Moreover, the relevance of the testimony sought is...

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