Bentze v Island Trees Union Free School Dist.
2012 NY Slip Op 01201 [92 AD3d 709]
February 14, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


Taylor Bentze et al., Appellants,
v
Island Trees Union Free School District et al., Respondents.

[*1] Steven C. Rauchberg, P.C., New York, N.Y., for appellants.

Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Brown, J.), dated August 23, 2011, which denied that branch of their motion which was to compel the defendants to produce an additional witness for a deposition.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court providently exercised its discretion in denying that branch of their motion which was to compel the defendants to produce an additional witness for a deposition. The plaintiffs failed to sustain their burden of demonstrating that the defendants' witnesses who had already been deposed had insufficient knowledge, or were otherwise inadequate, and that there was a substantial likelihood that the person sought by the plaintiffs for an additional deposition possessed information which was material and necessary to the prosecution of the action (see Conte v County of Nassau, 87 AD3d 559, 560 [2011]; Thristino v County of Suffolk, 78 AD3d 927 [2010]; Douglas v New York City Tr. Auth., 48 AD3d 615, 616 [2008]; Sladowski-Casolaro v World Championship Wrestling, Inc., 47 AD3d 803, 803-804 [2008]). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.