Shorter v. Luxury Auto Rentals, Inc.

—Order, Supreme Court, New York County (Barbara Kapnick, J.), entered March 7, 1996, which denied defendants’ mo*159tion to modify the October 17, 1995 order of the same court and Justice precluding defendants from calling witnesses on the issue of liability at trial, unanimously reversed, on the law and the facts, without costs, the order vacated and defendants’ motion granted to the extent of permitting them to call as witnesses on the issue of liability those who have previously been deposed.

In this personal injury action, the parties dispute the identity of the driver at the time a rental car…