Barnwell v. Emigrant Savings Bank

— Order, Supreme Court, New York County (Paul Wooten, J.), entered July 12, 2010, which granted plaintiffs motion to compel the deposition of defendants’ Chairman and Chief Executive Officer, and denied defendants’ cross motion for a protective order, unanimously reversed, on the facts and in the exercise of discretion, without costs, the motion denied and the cross motion granted.

In this age discrimination action, after plaintiff requested to depose Howard Milstein, defendants’ Chairman and Chief Executive Officer, defendants complied with CPLR 3106 (d) by notifying plaintiff that they would…