The First Department found that the motion court did not improvidently exercise its discretion in granting a continuance so that intervenor-insurance company could present the videotaped deposition testimony of an out-of-state nonparty witness, in Shia v. McFarlane, which was decided on December 13, 2007. The court found that (1) both sides were at fault for the delay in discovery since they failed to settle orders pursuant to the direction of the court with respect to the tangential issue of deposition costs; (2) plaintiffs did not claim, much less demonstrate, prejudice; and (3) the anticipated deposition testimony was crucial to the principal issues in the case.