Gates v. Baker

This is a motion by the defendants pursuant to CPLR 3101 to compel the plaintiffs to disclose the names and addresses of any witnesses, known to the plaintiffs, who were at the scene of this accident at the time of or within five minutes thereafter. The plaintiff Kathleen Gates refused, on advice of counsel, to answer questions seeking this information in an examination before trial.

The affidavit of plaintiffs ’ counsel in opposition to the motion states in part:

“ 5. That the identities of any possible witnesses were not known to the plaintiff at the scene, but was material which she and her…