Barber v. BPS Venture, Inc.

Appeal from an order of the Supreme Court (McNamara, J.), entered December 5, 2005 in Albany County, which denied plaintiffs motion to compel discovery.

This action arises out of a slip and fall accident which occurred in the entranceway of a restaurant operated by defendant BPS Venture, Inc. (hereinafter defendant). At the deposition of defendant’s general manager, defense counsel refused to allow the witness to answer those questions which primarily called for legal conclusions. Plaintiff then sought to compel a further deposition of this witness and for defendant to provide employment…