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CZECHOWSKI v. BUFFALO NIAGARA MEDICAL CAMPUS, INC.

824 CA 19-00502.

175 A.D.3d 1817 (2019)

109 N.Y.S.3d 804

2019 NY Slip Op 06917

Thomas Czechowski, Appellant, v. Buffalo Niagara Medical Campus, Inc., et al., Defendants. Buffalo Niagara Medical Campus, Inc., et al., Third-Party Plaintiffs, v. Aria Contracting Corp., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

September 27, 2019.

Attorney(s) appearing for the Case

DOLCE PANEPINTO, P.C., BUFFALO ( ANNE M. WHEELER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

HURWITZ & FINE, P.C., BUFFALO ( DAVID R. ADAMS OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Carni, Troutman and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating that part of the order that limited the scope of questioning during the deposition of a prospective witness and as modified the order is affirmed without costs.

Memorandum: In this personal injury action, plaintiff appeals from an order that, inter alia, granted his motion to compel a former employee of third-party defendant Aria Contracting Corp. (Aria) to appear for...

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