REYES v. RIVERSIDE PARK COMMUNITY (STAGE I), INC.


59 A.D.3d 219 (2009)

873 N.Y.S.2d 58

NAOMI REYES, Respondent, v. RIVERSIDE PARK COMMUNITY (STAGE I), INC., et al., Appellants, et al., Defendants.

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

Decided February 10, 2009.


The motion court properly denied the motion since "absent allegations that the proposed out-of-State deponent would not cooperate with a notice of deposition or would not voluntarily come within this State or that `the judicial imprimatur accompanying a commission will be necessary or helpful when the [designee] seeks the assistance of the foreign court in compelling the witness to attend the examination', the [appellants have] failed to demonstrate that a commission is ...

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