Barone v. Great Atl. & Pac. Tea Co

In Barone v. Great Atl. & Pac. Tea Co., 260 AD2d 417 [2d Dept 1999] the Court affirmed the denial of a motion to compel depositions, based upon the defendant's production of "two knowledgeable witnesses who testified with respect to the underlying incident," and the plaintiff's failure "to show that those witnesses had insufficient knowledge or were otherwise inadequate, and that the proposed witnesses possessed information which was material and necessary to the prosecution of the case" (id. at 418.)