WALKER v. CITY OF NEW YORK

2015-02843, Index No. 1103/08.

140 A.D.3d 739 (2016)

30 N.Y.S.3d 908

2016 NY Slip Op 04203

SHANTELLE WALKER, Appellant, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 1, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although a municipality, in the first instance, has the right to determine which of its officers or employees with knowledge of the facts may appear for a deposition, a plaintiff may demand production of additional witnesses when (1) the officers or employees already deposed had insufficient knowledge or were otherwise inadequate as witnesses, and (2) there is a substantial likelihood that the...

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