Opinion
May 6, 1996
Appeal from the Supreme Court, Kings County (Greenstein, J.).
Ordered that the order is reversed, on the facts, with costs, and the motion is granted.
It is well settled that a corporation may designate which of its officers, directors, or employees shall represent it for the purposes of pretrial depositions ( see, Zollner v. City of New York, 204 A.D.2d 626). However, depositions of additional witnesses may be ordered if the movant can demonstrate that the representatives already deposed had insufficient knowledge or were otherwise inadequate and that there is a substantial likelihood that the proposed witnesses possess information which is material and necessary for the prosecution of the case ( Zollner v. City of New York, supra; Faber v. New York City Tr. Auth., 177 A.D.2d 321, 323). Under the circumstances of the present case, we agree that the plaintiff has demonstrated his need for the depositions of the additional Transit Authority employees who were inside the truck which allegedly struck him. Rosenblatt, J.P., Miller, O'Brien and McGinity, JJ., concur.