Opinion
February 27, 1997.
Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about June 27, 1996, which denied defendant Flynn-Hill Elevator Corporation's motion for summary judgment and granted plaintiffs' cross motion for an examination before trial of Ronald Moore, unanimously affirmed, with costs.
Before: Murphy, P.J., Sullivan, Rubin and Andrias, JJ.
Since documentary evidence and the deposition testimony of one of Flynn-Hill's employees shows that there is a likelihood that another employee of Flynn-Hill, namely Ronald Moore, will provide information that will establish whether Flynn-Hill created the condition that caused the instant accident and whether Flynn-Hill had notice of the condition, the motion court properly directed the deposition of Mr. Moore and denied summary judgment as premature (CPLR 3212 [f]; see, Zollner v City of New York, 204 AD2d 626).