| McGowan v Great N. Ins. Co. |
| 2011 NY Slip Op 07011 [88 AD3d 665] |
| October 4, 2011 |
| Appellate Division, Second Department |
| James P. McGowan et al., Respondents, v Great NorthernInsurance Company, Appellant, et al., Defendant. |
—[*1] Jeffrey I. Baum & Associates, P.C., Garden City, N.Y., for respondents.
In an action, inter alia, to recover damages for breach of contract, the defendant GreatNorthern Insurance Company appeals, as limited by its brief, from so much of an order of theSupreme Court, Nassau County (Iannacci, J.), entered May 5, 2010, as granted that branch of theplaintiffs' motion which was to quash subpoenas served on certain witnesses of the plaintiffsdirecting such witnesses to appear for depositions.
Ordered that the order is affirmed insofar as appealed from, with costs.
Since the persons upon whom the appellant served the subject subpoenas are expertwitnesses (see Russo v Quincy Mut. Fire Ins. Co., 256 AD2d 1164 [1998]), the appellantwas required to make a showing of special circumstances warranting depositions of thosewitnesses (see CPLR 3101 [d] [1] [iii]; Kooper v Kooper, 74 AD3d 6, 12, 16 [2010]). The appellant failedto establish the existence of such circumstances, and thus the Supreme Court properly grantedthat branch of the plaintiffs' motion which was to quash the subject subpoenas (see CPLR3101 [d] [1] [iii]; Fekete v GA Ins. Co. of N.Y., 279 AD2d 300 [2001]; Russo vQuincy Mut. Fire Ins. Co., 256 AD2d at 1164). Prudenti, P.J., Rivera, Austin and Roman,JJ., concur.