One Witness May Suffice as Deponent for Two Corporations (NY)

In Pierre v 100 Corp., the Appellate Division reversed the trial court’s order striking the answer of an individual and the two corporate defendants.  The trial court held that the defendants did not produce witnesses for a deposition.  However, the defendants had produced a witness who was an officer of both corporations for a deposition.  Furthermore, the defendants were under no obligation to produce other individuals who were not employed by them or otherwise under their control.  The Appellate Division held that the production of a single individual satisfied the defendants’ discovery obligations.  Thus, an attorney can avoid the need for multiple depositions by producing a single witness that is an officer of several corporate defendants.

Thanks to Bill Kirrane for his contribution to this post.  If you have any questions or comments, please email Paul at pclark@wcmlaw.com.

http://www.nycourts.gov/reporter/3dseries/2012/2012_05732.htm