Bennington v. Metal Container Corp.

—In an action to recover damages for conscious pain and suffering and wrongful death, the plaintiff appeals from an order of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated November 28, 1995, which denied her motion to depose two designated employees of the defendant Anheuser-Busch Incorporated.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the plaintiff’s motion is granted.

The plaintiff made an adequate showing that Bob Von Befaren, on-site representative of the respondent Anheuser-Busch Incorporated, who was overseeing the…