Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

KUZMINSKI v. SIXX

Protective order vacating notice of deposition to musician Tommy Lee is granted.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Thursday, May 31, 2001

Supreme Court

Nassau County

Judge Lally
KUZMINSKI v. SIXX ” It is ordered that this motion by defendants for a protective order pursuant to CPLR 3103 vacating the notice of deposition of Tommy Lee dated January 30, 2001, is granted.
Plaintiff herein has disposed defendant Sixx who was produced on behalf of defendants for an examination before trial. Plaintiff, after conducting said examination before trial, and being unsatisfied by the answers given by said defendant on behalf of the corporate defendant, served a notice to examine Mr. Lee. Said individual is categorized as a former member, shareholder and officer of the corporate defendant.
The law is clear that “in the first instance a corporation may designate which of its officers, directors or employees shall represent it for the purposes of pretrial depositions (citations omitted)” (Schillaci v. Jamaica Savings & Loan, 90 AD2D 770). Where additional individuals are sought to be deposed the party seeking the examination must establish that the witness produced had insufficient knowledge and that the individual or individuals sought for deposition possess information material and necessary for the prosecution of the case (Simon v. Advance Equipment Co., Inc., 126 AD2d 632; see also Hughson v. St. Francis Hosp., 96 AD2d 829; Heil v. Nassau Hosp., 99 AD2d 482).
Although plaintiff has established to the satisfaction of the court that defendant Sixx had inadequate knowledge as to matters bearing on material issues in this case, it has not established that Tommy Lee does have such knowledge.
Therefore, a protective order as to Mr. Lee is granted, and in the alternative defendant Motley Crue, Inc., within thirty days after service of a copy of this order, with notice of entry upon their attorney, is directed to produce an individual with knowledge, material and relevant to the issues present in this action.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Associate Research Scholar / Clinical Fellow Columbia Law School Criminal Defense Clinic - New York

Columbia Law School seeks an experienced lawyer with a background in criminal defense and a strong interest in community lawyering and clini...


Apply Now ›
Director of Legal Affairs

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›
Trial Attorney Personal Injury.

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements