Thursday, April 8, 2010

Hold The Phone

The New York Appellate Division for the First Judicial Department reversed an order directing that a deposition of a representative of Verizon be conducted in California:

Respondent, a publicly traded corporation, with over 600 employees, has failed to meet its burden of demonstrating that appearing in New York City for deposition would cause it substantial hardship...Respondent merely asserts, without more, that its chief executive officer, who respondent acknowledges travels throughout the world almost six months out of the year, will be unable to be deposed in New York. Nor has respondent proffered any reason why none of its other 600 plus employees are appropriate witnesses. (citations omitted)

(Mike Frisch) 

http://lawprofessors.typepad.com/legal_profession/2010/04/the-new-york-appellate-division-for-the-first-judicial-department-reversed-an-order-directing-that-a-deposition-of-a-represen.html

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"Respondent merely asserts, without more, that its chief executive officer, who respondent acknowledges travels throughout the world almost six months out of the year, will be unable to be deposed in New York. Nor has respondent proffered any reason why none of its other 600 plus employees are appropriate witnesses."

That was Ahmuty Demers' argument? Laughably bad but not surprising. And what a disgrace that the plaintiff had to appeal to get the awful decision reversed.

Posted by: Tom Smiley | Apr 8, 2010 2:43:12 PM

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