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LYUDMILA UVAYDOVA, Appellant, v. NEW YORK TELEPHONE COMPANY et al., Defendants, and CITY OF NEW YORK, Respondent.

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

The court properly denied the plaintiff's motion to compel the City of New York to produce an additional witness for a deposition. "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). The plaintiff failed to establish either one of the foregoing elements. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.

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UVAYDOVA v. NEW YORK TELEPHONE COMPANY
(Apr 22, 1996)