Majority
In an action to recover damages for personal injuries and wrongful death, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated November 16, 2005, as granted, in part, that branch of the plaintiffs motion which was for further depositions and denied, in part, its cross motion for a protective order.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in determining that the plaintiff established the necessity for the depositions of the defendant’s maintenance supervisor and administrator. The plaintiff demonstrated that the individuals already deposed had insufficient knowledge of the facts surrounding the decedent’s burn injury, and that a substantial
The defendant’s remaining contentions are without merit. Schmidt, J.P., Skelos, Lunn and Dillon, JJ., concur.
Cases cited
- Stein v. City of New York 12 AD3d 587 at 588 p. 737
- Rivera v. City of New York 3 AD3d 486 p. 737
- Zollner v. City of New York 204 AD2d 626 at 627 p. 737