Yoshida Printing Co. v. Aiba

Full title: YOSHIDA PRINTING CO., LTD., Appellant, v. ISAO AIBA, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 12, 1997

240 A.D.2d 233 (N.Y. App. Div. 1997)

659 N.Y.S.2d 7

Opinion

June 12, 1997

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

The motion for a protective order was properly denied in the absence of an affidavit of the translator of the documents purporting to demonstrate that the two witnesses in question are too frail to travel to New York (CPLR 2101 [b]). We note plaintiff's representation, made for purposes of opposing a prior motion by defendant to dismiss the action on the ground of forum non conveniens, that it would make the two witnesses available for depositions in New York at its own expense ( 213 A.D.2d 275). Plaintiff's motion to renew was properly denied for failure to show that the original omission of the documents was the result of an excusable mistake or inadvertence.

Concur — Murphy, P.J., Milonas, Tom, Andrias and Colabella, JJ.