New York Telephone Co. v. City of New York

The defendant-appellant may not be examined through employees who are no longer in its service. (McGowan v. Eastman, 271 N. Y. 195; Cocolicchio v. Emigrant Industrial Savings Bank, 248 App. Div. 196.) In lieu also of producing its president and vice-president for examination, the defendant-appellant may produce Fred W. Stiefel, its chief engineer, since he is shown to be the person familiar with the facts.

It is impossible to determine from the complaint whether all the items concerning which an examination is sought will be material. We are, however, of the opinion that the plaintiff is…