S. S. Silberblatt v. American Pecco Corporation Et Al‪.‬

[52 A.D.2d 824 Page 824] Order of the Supreme Court, New York County, entered in the office of the clerk on December 3, 1975, which granted plaintiff's motion for a protective order vacating a notice to take the deposition of various employees and former employees of plaintiff and which denied defendants-appellants' cross motion to compel production of the witnesses named in the notice (except that it directed one Frank Ross to appear for examination before trial), unanimously modified, on the law and in the exercise of discretion, as hereinafter ordered, and otherwise affirmed, without costs and without disbursements. In this suit for damages allegedly resulting from the improper functioning of cranes leased by appellants to plaintiff for use in a construction project, the appellants have already examined three officials of plaintiff construction company. Appellants sought in the court below further examination of certain of these officials and in addition, the examination of two foremen, five crane operators, [52 A.D.2d 824 Page 825]