WHITE v. Mehendra B. Dave, et al., Defendants-Appellants. (1997)

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

Christine WHITE, et al., Plaintiffs-Respondents, v. BRONX LEBANON HOSPITAL CENTER, et al., Defendants, Mehendra B. Dave, et al., Defendants-Appellants.

Decided: June 10, 1997

Before WALLACH, J.P., and RUBIN, TOM and ANDRIAS, JJ.

David B. Turret, for plaintiffs-respondents. William E. Fay, III, for defendants-appellants.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered October 16, 1996, which granted plaintiffs' motion to quash the subpoena and notice to take deposition of a nonresident, nonparty witness, and denied defendants' cross motion for an order directing the witness's deposition, unanimously affirmed, with costs.

In seeking to take the deposition of a nonresident, nonparty witness nine months after the note of issue was filed, defendants have failed to demonstrate any unusual or unanticipated circumstance warranting deviation from the rule that disclosure proceedings may not be conducted after the filing of the note of issue (see, Price v. Bloomingdale's, 166 A.D.2d 151, 560 N.Y.S.2d 288). Further, the subpoena served by defendants upon the out-of-State non-party witness has no legal effect in New York (Coombs v. Rowand, 39 A.D.2d 532, 331 N.Y.S.2d 62, appeal dismissed 31 N.Y.2d 853, 340 N.Y.S.2d 166, 292 N.E.2d 307). We have considered defendants' remaining claims and find them to be without merit.

MEMORANDUM DECISION.

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