Opinion
October 9, 1997
Appeal from Supreme Court, New York County (Stuart Cohen, J.).
The court properly exercised its discretion in ordering the deposition of Robert Connolly, since, as the organizer of the search in the warehouse where the accident occurred he may possess useful information that the witness designated by third-party defendant lacked, and of Robert Nilsen, since there is a question as to whether he witnessed the accident. However, we disagree as to the need for depositions from the warehouse personnel on the issue of third-party defendant's control of the warehouse, since there is no indication that such personnel have knowledge of that issue different from that already disclosed by third-party defendant's designated witness, and there is ample indication that Connolly's deposition will fill in the complained of gaps in the designated witness's testimony. Nor is there a need for depositions of employees in third-party defendant's personnel department, since the reasons for plaintiff's discharge have been fully disclosed and his financial status before and after the accident can be ascertained through tax and personnel documents.
Concur — Murphy, P.J., Rosenberger, Wallach, Nardelli and Mazzarelli, JJ.