Opinion
April 29, 1991
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is affirmed, with costs, and the examinations before trial of the designated employees shall proceed upon notice at a time and place to be mutually agreed upon, and shall continue day-to-day until completed.
We find that in this complicated medical malpractice action, the plaintiff has made an adequate showing that the designated hospital employees were observers and participants in the events surrounding the surgery of the infant plaintiff, with the result that these employees very probably "possess knowledge of facts bearing on the controversy which will assist plaintiff in preparing for trial" (Heil v. Nassau Hosp., 99 A.D.2d 482; Hughson v. St. Francis Hosp., 96 A.D.2d 829; Gregoritsch v. Mather Mem. Hosp., 88 A.D.2d 987). In view of the evidence that the defendant Nassau County has impeded the discovery process (Matter of Rattner v. Planning Commn., 110 A.D.2d 840), we conclude that the Supreme Court did not improvidently exercise its discretion in ordering the depositions of the 15 designated individuals. Bracken, J.P., Kooper, Lawrence, Balletta and O'Brien, JJ., concur.