In Long v. Cellino & Barnes, P.C., 59 A.D.3d 1062 (4th Dept. 2009) the Fourth Department considered whether the admission of negligence in a legal malpractice action entitles the defendants to a protective order preventing plaintiff from deposing them. The plaintiffs rely on language in Long to suggest that there may be cases where additional evidence in the form of depositions of the attorneys is relevant and necessary to the issues to be determined at trial. In Long, the Fourth Department wrote the court also properly exercised its discretion in granting that part of the second cross motion for a protective order precluding plaintiff from deposing defendants. Defendants admitted their negligence, and plaintiff failed to establish that the additional evidence he sought was relevant and necessary to the issues to be determined at trial. " (Long at 807.)