Patricia M. Spohn-Konen, appellant, v. Town of Brookhaven, respondent. (2010)

Submitted-May 14, 2010

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohen, J.), dated October 6, 2009, which granted the defendant's motion for a protective order pursuant to CPLR 3103(a) denying further depositions of its employees.

ORDERED that the order is affirmed, with costs.

While CPLR 3101(a) provides that “[t]here shall be full disclosure of all matter material and necessary in the prosecution ․ of an action” (see Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406), “unlimited disclosure is not permitted” (Harris v. Pathmark Stores, Inc, 48 AD3d 631, 632 [internal quotation marks omitted];  see Silcox v. City of New York, 233 A.D.2d 494, 494).  CPLR 3103(a) provides that a court may issue a protective order denying, limiting, conditioning, or regulating the use of any disclosure device, in order to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other prejudice to the other party.

To show that additional depositions are necessary, it must be demonstrated (1) that the representatives already deposed had insufficient knowledge, or were otherwise inadequate, and (2) that there is a substantial likelihood that the persons sought for depositions possess information which is material and necessary to the prosecution of the case (see Nazario v. City of New York, 27 AD3d 439;  Hayden v. City of New York, 26 AD3d 262;  Saxe v. City of New York, 250 A.D.2d 751, 752;  Carter v New York City Bd. of Educ., 225 A.D.2d 512;  Zollner v. City of New York, 204 A.D.2d 626, 627).   Since the plaintiff failed to sustain her burden of demonstrating these two elements, the Supreme Court properly granted the defendant's motion for a protective order (see Sladowski-Casolaro v World Championship Wrestling, Inc., 47 AD3d 803, 803-804;  Barone v. Great Atl. & Pac. Tea Co., 260 A.D.2d 417, 417-418;  Saxe v. City of New York, 250 A.D.2d at 752).

MASTRO, J.P., ENG, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court