Espinoza v. City of New York

A municipality, in the first instance, has the right to determine which of its officers or employees with knowledge of the facts may appear for a deposition (see Douglas v New York City Tr. Auth., 48 AD3d 615, 616 [2008]; Simpson v City of New York, 10 AD3d 601, 603 [2004]; Pomilio-Young v City of New York, 7 AD3d 600 [2004]). A plaintiff may demand the production of additional witnesses upon a showing that (1) the representative already deposed had insufficient knowledge or was otherwise inadequate, and (2) there is a substantial likelihood that the person sought for deposition possesses…