Practice point: Defendant’s motion to dismiss, pursuant to CPLR 3126, may be denied if plaintiff provides the requested disclosure while the motion is pending.
Practitioners should note that the court's direction that defendant provide plaintiff with the identities of certain employees does not impinge on defendant’s right to select a witness to produce for deposition.
Case: Lopes v. Metropolitan Tr. Auth., NY Slip Op 07379 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Contracts.
