McGrath v. Town of Irondequoit

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 28, 2008. The order granted the motion of plaintiffs to take the oral deposition of a nonparty witness. It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see CPLR 3101 [d] [1] [iii]; Brooklyn Floor Maintenance Co. v Providence Washington Ins. Co., 296 AD 2d 520, 521-522 [2002]). Present—Smith, J.P, Peradotto, Green, Pine and Gorski, JJ.