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Saieh v. Demetro

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 477 (N.Y. App. Div. 1994)

Opinion

February 7, 1994

Appeal from the Supreme Court, Kings County (Jackson, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiffs failed to make the required detailed showing of the necessity of deposing the present Brooklyn Borough Engineer for the New York City Department of Transportation. They failed to establish that she had any personal knowledge of the information sought, or that her knowledge extended beyond the information already provided to them in documentary form (see, Colicchio v. City of New York, 181 A.D.2d 528, 529; Schillaci v Jamaica Sav. Loan, 90 A.D.2d 770). Thus, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' discovery request (see, Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403). We note that the former Brooklyn Borough Engineer has been deposed.

Nor did the court err in denying that branch of the plaintiffs' motion which was to compel the individual defendants to produce information as to the existence, if any, of excess insurance coverage, as the individual defendants could not be located and their representative, the insurer, provided the plaintiffs with all of the information in its possession.

We have considered the plaintiffs' remaining contention and find it to be without merit. Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.


Summaries of

Saieh v. Demetro

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1994
201 A.D.2d 477 (N.Y. App. Div. 1994)
Case details for

Saieh v. Demetro

Case Details

Full title:CHRISTINE SAIEH, an Infant, by Her Parent and Natural Guardian, FRANTZ…

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

Date published: Feb 7, 1994

Citations

201 A.D.2d 477 (N.Y. App. Div. 1994)
607 N.Y.S.2d 405

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