U.S. FIRE INS. v. ROCKLAND FIRE EQUIP. CO

The subrogation agreement between plaintiff and its subrogor, in which the subrogor agreed to cooperate fully with plaintiff in its prosecution of subrogation actions such as this, establishes plaintiff's control over its subrogor's employees for purposes of disclosure ( see, CPLR 3101 [a] [1], [2]). Plaintiff's minimal attempts to produce such an employee are insufficient to excuse its failure to do so.

Concur — Milonas, J.P., Ellerin, Rubin, Nardelli and Tom, JJ.