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DENZIL DANIELS et al., Respondents, v. OTIS ELEVATOR COMPANY, Respondent, and FLYNN-HILL ELEVATOR CORPORATION, Now Known as FHE SERVICES, INC., Appellant. (And a Third-Party Action.)

Since documentary evidence and the deposition testimony of one of Flynn-Hill's employees shows that there is a likelihood that another employee of Flynn-Hill, namely Ronald Moore, will provide information that will establish whether Flynn-Hill created the condition that caused the instant accident and whether Flynn-Hill had notice of the condition, the motion court properly directed the deposition of Mr. Moore and denied summary judgment as premature (CPLR 3212 [f]; see, Zollner v City of New York, 204 AD2d 626).

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DANIELS v. OTIS ELEVATOR COMPANY
(Feb 27, 1997)