Practice point: A corporate entity has the right to designate the representatives to be examined.
Students should note that, in order to depose others, movant must demonstrate that those already deposed had insufficient knowledge, or were otherwise inadequate, and that there is a substantial likelihood that the persons sought for examination have information that is material and necessary to the prosecution or defense of the action.
Giordano v. New Rochelle Housing Authority, NY Slip Op 03802 (2d Dept. 2011
Tomorrow’s issue is summary judgment.
