Briano v. LKT Transport

In an action to recover damages for personal injuries, the defendants LKT Transport and David Le appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated October 13, 2004, which denied their motion pursuant to CPLR 3113 to permit David Le to be deposed by open commission, and granted the plaintiff’s motion pursuant to CPLR 3126 to preclude them from offering any testimony or evidence at trial to the extent of precluding them from testifying at trial regarding liability and the “accident’s impact upon damages,” in the event they failed to produce a representative for…