AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

CHRISTINE SAIEH, an Infant, by Her Parent and Natural Guardian, FRANTZ SAIEH, et al., Appellants, v. BOBBY DEMETRO et al., Respondents.

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

The plaintiffs failed to make the required detailed showing of the necessity of deposing the present Brooklyn Borough Engineer for the New York City Department of Transportation. They failed to establish that she had any personal knowledge of the information sought, or that her knowledge extended beyond the information already provided to them in documentary form (see, Colicchio v. City of New York, 181 A.D.2d 528, 529; Schillaci v Jamaica Sav. Loan, 90 A.D.2d 770). Thus, the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' discovery request (see, Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403). We note that the former Brooklyn Borough Engineer has been deposed.

Nor did the court err in denying that branch of the plaintiffs' motion which was to compel the individual defendants to produce information as to the existence, if any, of excess insurance coverage, as the individual defendants could not be located and their representative, the insurer, provided the plaintiffs with all of the information in its possession.

We have considered the plaintiffs' remaining contention and find it to be without merit. Sullivan, J.P., Pizzuto, Joy and Goldstein, JJ., concur.

Use AI to get other relevant cases.

Comments

SAIEH v. DEMETRO
(Feb 7, 1994)