Practice point: A municipality may decide which of its employees will appear for deposition, but a plaintiff may demand additional witnesses when (1) the employee already deposed had insufficient knowledge, and (2) there is a substantial likelihood that the person sought has material information which is necessary to prosecuting the case.
Practitioners should note that plaintiff will likely prevail by establishing that the witness he wanted to depose was the investigating officer who signed the injury report and who made the original records that were copied into the report.
Case: Filoramo v. City of New York, NY Slip Op 02969 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
