In this age discrimination action, after plaintiff requested to depose Howard Milstein, defendants' Chairman and Chief Executive Officer, defendants complied with CPLR 3106 (d) by notifying plaintiff that they would initially produce Lou Schlosser as a deponent, would produce Janet Martin second, and would then consider producing Milstein. Schlosser, who was plaintiff's supervisor and participated in discussions concerning whether to terminate plaintiff, would likely provide...
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