Brown v. Home Depot, U.S.A.

In an action to recover damages for personal injuries, etc., the defendant appeals, by permission, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated September 11, 2002, as granted the plaintiffs’ motion for a further deposition of a witness to the extent of directing the production of a witness familiar with stacking procedures and design at the subject premises.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.

The plaintiff Robert Brown allegedly was injured when a safety beam from a shelving unit…