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MICHAEL J. SAXE, Appellant, v. CITY OF NEW YORK et al, Respondents. (Action No. 1.) ISABEL A. REDMAN-FAIR, Respondent,

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The court properly denied that branch of the motion by the appellant which was to compel the respondent City of New York to produce three additional witnesses for depositions. "In order to show that additional depositions are necessary, the moving party must show (1) that the representatives already deposed had insufficient knowledge, or were otherwise inadequate, and (2) there is a substantial likelihood that the persons sought for depositions possess information which is material and necessary to the prosecution of the case" ( Zollner v. City of New York, 204 A.D.2d 626, 627; see also, Uvaydova v. New York Tel. Co., 226 A.D.2d 626); The appellant failed to establish either one of the foregoing elements.

The appellant's remaining contentions are without merit.

Mangano, P. J., Miller, Pizzuto and Krausman JJ., concur.

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SAXE v. CITY OF NEW YORK
(May 18, 1998)