In the circumstances disclosed by this record, and particularly in light of the fact that a special master has recommended that Harris (in addition to two other employees) be deposed, we find it to have been an abuse of discretion to deny the relief sought. In this action by plaintiff artist to recover for physical damage suffered by his sculpture allegedly in the course of its shipment to an exhibition site, Robert Wissler, a moving man employed by Auer's, testified at his deposition that Harris was the driver-foreman in charge at the time of the move, and could well have been an eyewitness with sole direct knowledge of the critical incident. Wissler himself denied any recollection of the event. Thus we cannot agree with the motion court that Harris' deposition would in any significant way be "duplicative" of the discovery already had in this case. On the contrary, it may well be the only mechanism by which the actual facts may be established.
Concur — Sullivan, J.P., Carro, Wallach and Rubin, JJ.