Opinion
2012-02-14
Taylor BENTZE, etc., et al., appellants, v. ISLAND TREES UNION FREE SCHOOL DISTRICT, et al., respondents.
Steven C. Rauchberg, P.C., New York, N.Y., for appellants. Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.
Steven C. Rauchberg, P.C., New York, N.Y., for appellants. Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brown, J.), dated August 23, 2011, which denied that branch of their motion which was to compel the defendants to produce an additional witness for a deposition.
ORDERED that the order is affirmed, with costs.
Contrary to the plaintiffs' contention, the Supreme Court providently exercised its discretion in denying that branch of their motion which was to compel the defendants to produce an additional witness for a deposition. The plaintiffs failed to sustain their burden of demonstrating that the defendants' witnesses who had already been deposed had insufficient knowledge, or were otherwise inadequate, and that there was a substantial likelihood that the person sought by the plaintiffs for an additional deposition possessed information which was material and necessary to the prosecution of the action ( see *465 Conte v. County of Nassau, 87 A.D.3d 559, 560, 929 N.Y.S.2d 742; Thristino v. County of Suffolk, 78 A.D.3d 927, 910 N.Y.S.2d 664; Douglas v. New York City Tr. Auth., 48 A.D.3d 615, 616, 852 N.Y.S.2d 368; Sladowski–Casolaro v. World Championship Wrestling, Inc., 47 A.D.3d 803, 803–804, 850 N.Y.S.2d 176).