Navarrete v. First Steps Trans., Inc.

Summary

The New York Appellate Division, Second Department, reversed an amended order that struck the plaintiff’s post-deposition discovery demands and denied a motion to compel additional depositions. The court held that the requested discovery was material and necessary and that the plaintiff demonstrated both the inadequacy of the previously produced witness and a substantial likelihood that additional witnesses possessed relevant information.

Holdings

1. The post-deposition discovery demands were material and necessary to the prosecution of the action, and the protective order striking them was improperly granted.
2. The plaintiff was entitled to compel the depositions of additional witnesses because she demonstrated that the previously deposed representative had insufficient knowledge or was otherwise inadequate and that the additional witnesses were substantially likely to possess material and necessary information.
3. The appeal from the original order was dismissed because the original order was superseded by the amended order.

Questions Presented

1. Whether the plaintiff's post-deposition discovery demands were material and necessary under CPLR 3101(a) and therefore should not have been stricken under CPLR 3103.
2. Whether the plaintiff established that additional depositions were warranted because the previously designated Department of Education witness had insufficient knowledge or was otherwise inadequate and the additional witnesses likely possessed material and necessary information.
3. Whether the appeal from the original order should be dismissed because the original order was superseded by the amended order.

Disposition

other