44 A.D.3d 415 843 N.Y.S.2d 257

Anthony Abreu, an Infant, by His Mother and Natural Guardian, Maria Quiroz, et al., Respondents, v Deb-bie Realty Associates, LLC, Appellant and Third-Party Plaintiff-Appellant. Herbert G. Birch Services, Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (And Other Actions.)

[843 NYS2d 257]

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 at*416tended 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, plaintiffs 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 AD3d 262 [2006]). Concur— Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.

Abreu v. Deb-bie Realty Associates, LLC
44 A.D.3d 415 843 N.Y.S.2d 257

Case Details

Name
Abreu v. Deb-bie Realty Associates, LLC
Decision Date
Oct 11, 2007
Citations

44 A.D.3d 415

843 N.Y.S.2d 257

Jurisdiction
New York

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