ABREU QUIROZ v. DEB BIE REALTY ASSOCIATES LLC (2007)

Supreme Court, Appellate Division, First Department, New York.

Anthony ABREU, an infant by his mother and natural guardian, Maria QUIROZ, et al., Plaintiffs-Respondents, v. DEB-BIE REALTY ASSOCIATES, LLC, Defendant-Appellant.
Deb-bie Realty Associates, LLC, Third-Party Plaintiff-Appellant, v. Herbert G. Birch Services, Inc., Third-Party Defendant-Respondent, Secundino Reyes, et al., Third-Party Defendants. [And Other Actions].

Decided: October 11, 2007

ANDRIAS, J.P., FRIEDMAN, WILLIAMS, BUCKLEY, SWEENY, JJ.

Burns Russo Tamigi & Reardon, LLP, Garden City (Arnold Stream of counsel), for appellant. Lester Schwab Katz & Dwyer, LLP, New York (Steven B. Prystowsky of counsel), for Herbert G. Birch Services, Inc., respondent.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 25, 2007, which, in an action for lead paint injuries against the owner of premises in which plaintiff resided, and a third-party action against a school attended by plaintiff, granted the school's motion for a protective order quashing subpoenas and vacating deposition notices served by the owner, unanimously affirmed, without costs.

The record does not show a “substantial likelihood” that the three additional witnesses the owner wants to depose, plaintiff's teacher and two assistant teachers, observed plaintiff ingesting paint chips or otherwise possess material and necessary information in addition to that already given by the school's principal, maintenance supervisor and another assistant teacher (see Hayden v. City of New York, 26 A.D.3d 262, 809 N.Y.S.2d 75 [2006] ).

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