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Founded in 1977, KIRSCHENBAUM & KIRSCHENBAUM, P.C., is one of Long Island's most prominent and well-respected mid-size general practice law firms.
The firm continues its tradition of providing clients with legal advice and services of the highest quality and maintaining and fostering diversity
in its practice. From representing a wide variety of large and small clients in many different industries, our attorneys have the hands-on experience
and knowledge needed to handle almost any types of legal matters, whether litigious or transactional in nature.
Supreme Court, Appellate Division,
Second Department, New York.
Alvin OLESH, Appellant,
v.
Barry Dov LERNER, Respondent.
May 28, 1996.
Kirschenbaum & Kirschenbaum, Garden City (Steven L. Alter and Brent J. Kaufman,
of counsel), for respondent.
Scott M. Riemer, New York City, for appellant.
In an action, inter alia, to recover damages for professional malpractice, the
plaintiff appeals, as limited by his brief, from so much of an order of the
Supreme Court, Nassau County (DeMaro, J.), dated May 12, 1995, as granted that
branch of the defendant's motion which was to deem the plaintiff to have waived
his right to depose the defendant with regard to the counterclaims to recover
damages for intentional infliction of emotional distress and defamation.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to establish any reasonable excuse for his delay in
seeking to depose the defendant with regard to the counterclaims to recover
damages for intentional infliction of emotional distress and defamation (see,
e.g., Davidian v. County of Nassau, 152 A.D.2d 617, 543 N.Y.S.2d 720).
Accordingly, the court did not improvidently exercise **391 its discretion in
determining that the plaintiff had waived his right to do so.
O'BRIEN, J.P., and RITTER, PIZZUTO and ALTMAN, JJ., concur.
643 N.Y.S.2d 390 (Mem), 227 A.D.2d 601
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