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CAROL POMILIO-YOUNG, ET AL., appellants, v. CITY OF NEW YORK, respondent.

DECISION ORDER

ORDERED that the orders are affirmed insofar as appealed from, with one bill of costs.

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 an examination before trial ( see Del Rosa v. City of New York, 304 A.D.2d 786; D S Realty Dev. v. Town of Huntington, 295 A.D.2d 306, 307). The plaintiff may demand the production of additional witnesses, upon a showing, among other things, that the representative already deposed had insufficient knowledge or was otherwise inadequate ( see Del Rosa v. City of New York, supra; Zollner v. City of New York, 204 A.D.2d 626, 627). The plaintiffs failed to demonstrate that the deposition of an additional witness was necessary in this case.

RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.

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POMILIO-YOUNG v. CITY OF NEW YORK
(May 10, 2004)