Carborundum Environmental Systems Canada, Ltd. v. Nitec Paper Corp.

Order unanimously modified, and, as modified, affirmed, with costs to appellant, in accordance with the following memorandum: Special Term erred in refusing to grant a protective order regarding the appearance for oral examination of the "Chief Executive Officer” of defendant Midtec Paper Corporation. While the corporation has a duty to submit for such examination a person familiar with the salient facts, it has the right in the first instance to designate the person to be deposed (Prudential Ins. Co. of Amer. v Ward Prods. Corp., 57 AD2d 259; Kenford Co. v County of Erie, 41 AD2d 587). If it…