Nunez v. Bank
| Decision Date | 23 March 2010 |
| Citation | 896 N.Y.S.2d 472,2010 N.Y. Slip Op. 02525,71 A.D.3d 967 |
| Parties | Porforio NUNEZ, plaintiff,v.CHASE MANHATTAN BANK, et al., defendants third-party plaintiffs/second third-party plaintiffs-respondents;United Building Maintenance Corp., third-party defendant/fourth-party plaintiff;ThyssenKrupp Elevator Company, Inc., second third-party defendant/fourth-party defendant-appellant (and other titles). |
| Court | New York Supreme Court — Appellate Division |
71 A.D.3d 967
896 N.Y.S.2d 472
2010 N.Y. Slip Op. 02525
Porforio NUNEZ, plaintiff,
v.
CHASE MANHATTAN BANK, et al., defendants third-party plaintiffs/second third-party plaintiffs-respondents;United Building Maintenance Corp., third-party defendant/fourth-party plaintiff;ThyssenKrupp Elevator Company, Inc., second third-party defendant/fourth-party defendant-appellant (and other titles).
Supreme Court, Appellate Division, Second Department, New York.
March 23, 2010.
[896 N.Y.S.2d 473]
Babchik & Young, LLP, White Plains, N.Y. (Bryan J. Weisburd and Ephraim J. Fink of counsel), for second third-party defendant/fourth-party defendant-appellant.Malapero & Prisco, LLP, New York, N.Y. (Mary Beth Harmon of counsel), for defendants third-party plaintiffs/second third-party plaintiffs-respondents.REINALDO E. RIVERA, J.P., ANITA R. FLORIO, HOWARD MILLER, and CHERYL E. CHAMBERS, JJ.
[71 A.D.3d 967] In an action to recover damages for personal injuries, the [71 A.D.3d 968] second third-party defendant/fourth-party defendant, ThyssenKrupp Elevator Company, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Flug, J.), dated June 9, 2009, as granted the motion of the defendants third-party plaintiffs/second third-party plaintiffs, Chase Manhattan Bank and J.P. Morgan Chase & Co., to modify or clarify a prior order compelling depositions to the extent of directing that only those parties who had not been deposed were required to appear for depositions.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants third-party plaintiffs/second third-party plaintiffs, Chase Manhattan Bank and J.P. Morgan Chase & Co., to modify or clarify the prior order compelling depositions is denied in its entirety.
In an order dated March 5, 2009, the Supreme Court directed that all parties appear for depositions. The defendants third-party plaintiffs/second third-party plaintiffs, Chase Manhattan Bank and J.P. Morgan Chase & Co., had already produced a witness for a deposition. Thus, they moved to modify or clarify that order. The Supreme Court granted the motion to the extent of directing that only those parties who had not been deposed were required to appear for depositions.
“A corporate entity has the right to designate, in the first instance, the employee who shall be examined” ( Sladowski–Casolaro v. World Championship Wrestling, Inc., 47 A.D.3d...
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