Glasburgh v. Port Auth. of N.Y. New Jersey

Full title: JAMES A. GLASBURGH, an Infant, by His Mother and Natural Guardian, SUSAN…

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

Date published: Mar 9, 1995

213 A.D.2d 196 (N.Y. App. Div. 1995)

623 N.Y.S.2d 578

Opinion

March 9, 1995

Appeal from the Supreme Court, New York County (William Davis, J.).

Defendant Otis Elevator Company's noticed expert is also its employee and is therefore subject to deposition pursuant to CPLR 3101 (a) without restriction as to opinion testimony (McDermott v. Manhattan Eye, Ear Throat Hosp., 15 N.Y.2d 20; Lingener v State Farm Mut. Auto. Ins. Co., 195 A.D.2d 838). The special circumstances requirement of CPLR 3101 (d) does not apply to an expert who is an employee of a party (see, Maser v. County of Onondaga, 90 A.D.2d 970, lv dismissed 58 N.Y.2d 1047).

Concur — Sullivan, J.P., Rosenberger, Kupferman, Asch and Mazzarelli, JJ.