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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