Instructional Television Corp. v. National Broadcasting Co.
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Kings County, dated April 22, 1977, which denied their motion for a protective order vacating plaintiffs notice to take certain additional depositions and to produce all relevant records. Order reversed, with $50 costs and disbursements, and motion granted, without prejudice to a formal application by the plaintiffs for the taking of additional depositions upon a proper showing that the persons already deposed possessed insufficient knowledge of the relevant circumstances. The advent of the liberal modes of discovery (CPLR 3101 et seq.) has not altered the rule that a corporation- may decide which of its officers, directors or employees shall represent it for the purposes of pretrial depositions (see Lonigro v Baltimore & Ohio R. R. Co., 22 AD2d 918). If additional persons are sought to be deposed, the examining party must make a formal application to the court and must sustain the burden of showing that the corporate representatives already deposed possessed insufficient knowledge or were otherwise inadequate (see Besen v C. P. L. Yachts Sales, 34 AD2d 789). The plaintiffs neither
Case-law data current through December 31, 2025. Source: CourtListener bulk data.