Practice point: A defendant-corporation has the right to designate, in the first instance, which of its employees will appear for a deposition.
Student note: The plaintiff has the burden of demonstrating that the defendant's employee who was already deposed had insufficient knowledge or was otherwise inadequate, and that there is a substantial likelihood that the additional employees sought for depositions possess information that is material and necessary to the prosecution of the action.
Case: Gelda v. Costco Wholesale Corp., NY Slip Op 08722 (2d Dept. 2011).
Tomorrow’s issue: The emergency doctrine.
