GREASY SPOON, INC. v. JEFFERSON TOWERS, INC

The IAS court did not improvidently exercise its discretion in refusing defendant permission to depose the two non-party witnesses. Defendant's assertions, advanced solely in its attorney's affidavit, are conclusory, and fail to show that the testimony of the witnesses is "material and necessary" to its defense (see, Blittner v Berg Dorf, 138 A.D.2d 439).

Concur — Carro, J.P., Wallach, Asch, Smith and Rubin, JJ.