Appellate Division of the Supreme Court of New York, 2011

Conte v. County of Nassau

Appellate Division of the Supreme Court of New York · Decided August 9, 2011

87 A.D.3d 559; 929 N.Y.2d 742

Cases that cite this one

14 later published cases cite this decision.

O'Brien v. Village of Babylon (Appellate Division of the Supreme Court of New York 2017)
Asprou v. Hellenic Orthodox Community of Astoria (Appellate Division of the Supreme Court of New York 2020)
Ceballos v. New York City Hous. Auth. (Appellate Division of the Supreme Court of New York 2019)
Fordham Dormitory Tower LLC v. Tress (New York Supreme Court, Bronx County 2025)
Walker v. City of New York (Appellate Division of the Supreme Court of New York 2016)
Jacobs v. Mostow (Appellate Division of the Supreme Court of New York 2015)
Lawrence v. Kennedy (Appellate Division of the Supreme Court of New York 2014)
Lawrence v. Kennedy (Appellate Division of the Supreme Court of New York 2014)
New York Central Mutual Fire Insurance v. Librizzi (Appellate Division of the Supreme Court of New York 2013)
New York Central Mutual Fire Insurance v. Librizzi (Appellate Division of the Supreme Court of New York 2013)
Bentze v. Island Trees Union Free School District (Appellate Division of the Supreme Court of New York 2012)
Kamanou-Goune v. Swiss International Airlines (Appellate Division of the Supreme Court of New York 2012)
Kamanou-Goune v. Swiss International Airlines (Appellate Division of the Supreme Court of New York 2012)
Gelda v. Costco Wholesale Corp. (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*560The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was pursuant to CPLR 3120 to compel disclosure and production of certain documents, and in granting that branch of the cross motion of the defendant City of Glen Cove which was for a protective order, as the plaintiffs demands were overly broad, lacked specificity, and sought irrelevant documents (see CPLR 3120 [2]; Board of Mgrs. of the Park Regent Condominium v Park Regent Assoc., 78 AD3d 752, 753 [2010]; Bell v Cobble Hill Health Ctr., Inc., 22 AD3d 620, 621 [2005]; Astudillo v St. Francis-Beacon Extended Care Facility, Inc., 12 AD3d 469, 470 [2004]; Latture v Smith, 304 AD2d 534, 536 [2003]; Lopez v Huntington Autohaus, 150 AD2d 351, 352 [1989]).

The Supreme Court also providently exercised its discretion in denying that branch of the plaintiffs motion which was to compel the City to produce additional witnesses for deposition and in granting that branch of the City’s cross motion which was for a protective order. A corporate entity has the right to designate, in the first instance, the employee who shall be examined (see Thristino v County of Suffolk, 78 AD3d 927 [2010]; Nunez v Chase Manhattan Bank, 71 AD3d 967, 968 [2010]; Seattle Pac. Indus., Inc. v Golden Val. Realty Assoc., 54 AD3d 930, 932 [2008]; Sladowski-Casolaro v World Championship Wrestling, Inc., 47 AD3d 803 [2008]). The plaintiff failed to sustain her burden of demonstrating that the City representative who had already been deposed had insufficient knowledge, or was otherwise inadequate, and that there was a substantial likelihood that the persons sought by the plaintiff for additional depositions possessed information which was material and necessary to the prosecution of the action (see Spohn-Konen v Town of Brookhaven, 74 AD3d 1049 [2010]; Sladowski-Casolaro v World Championship Wrestling, Inc., 47 AD3d 803 [2008]; Barone v Great Atl. & Pac. Tea Co., 260 AD2d 417, 417-418 [1999]; Saxe v City of New York, 250 AD2d 751, 752 [1998]). Dillon, J.E, Leventhal, Hall and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.