Crazytown Furniture, Inc. v. Brooklyn Union Gas Co.
| Decision Date | 08 May 1989 |
| Parties | CRAZYTOWN FURNITURE, INC., et al., Respondents, v. BROOKLYN UNION GAS COMPANY, Appellant, Bargain-Ware Holding Corp., et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Cullen and Dykman, Brooklyn (John J. Fanning, of counsel), for appellant.
Gwertzman, Pfeffer, Toker & Lefkowitz, New York City (Barbara J. Marcus, of counsel), for respondent Crazytown Furniture, Inc.
Speyer & Perlberg, New York City (Gay H. Snyder, of counsel), for respondents Dolgin Enterprises, Ltd. and Dolgin-Reidman Associates, Inc.
Weiner, Aliano & Catlett, New York City (Michael I. Josephs, of counsel), for defendants ( the briefs of the respondents).
Before BROWN, J.P., and LAWRENCE, EIBER and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for injury to property, the defendant Brooklyn Union Gas Company appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Kings County (Hurowitz, J.), dated January 22, 1988, which, inter alia, (1) granted the motion of the plaintiffs Dolgin Enterprises, Ltd. and Dolgin-Reidman Associates, Inc. to compel the appellant to produce four additional witnesses for examination before trial, (2) in effect granted those branches of the cross motion of Crazytown Furniture, Inc. and the cross application of Dolgin Enterprises, Ltd. and Dolgin-Reidman Associates, Inc. which were for a protective order barring the disclosure of experts' reports to the extent of barring the disclosure of experts' reports prepared solely for litigation, and (3) granted those branches of the cross motion and cross application which were for a protective order barring disclosure of the plaintiffs' proof of loss statements.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs; and it is further ORDERED that the depositions of the four additional witnesses shall occur at times and places to be provided in written notices of not less than 10 days, or at such times and places as the parties may agree.
The plaintiffs met their burden of showing that the witness produced by the defendant Brooklyn Union Gas Company possessed "inadequate knowledge as to matters bearing on material issues in the case, which knowledge would assist the plaintiffs in preparation for trial" (Simon v. Advance Equip. Co., 126 A.D.2d 632, 511 N.Y.S.2d 68; see also, Schillaci v. Jamaica Sav. & Loan, 90 A.D.2d 770, 455 N.Y.S.2d 294). Therefore, the court did not improvidently exercise its discretion in directing the depositions of the four additional witnesses named at the original deposition who actually made the service calls to the premises at issue and would be most familiar with material facts necessary to the plaintiffs' case (see, Allen v. Crowell-Collier Pub. Co., 21 N.Y.2d 403, 288 N.Y.S.2d 449, 235 N.E.2d...
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