Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered May 8, 2006, which denied plaintiffs motion to compel defendants to produce two additional employees for deposition, unanimously reversed, on the law, without costs, the motion granted and the note of issue and statement of readiness vacated.
This action arises from an accident in which plaintiff’s decedent fell from a subway platform onto the tracks and was killed by an oncoming train. Defendants’ liability is premised on, inter alia, allegations that they knew of overcrowded conditions on the subway platform and made those conditions worse by starting a construction project, thereby causing decedent’s fall to his death. Discovery provided plaintiff with memoranda authored by James Wincek, the Transit Authority’s director of hazard assessment, Office of System Safety, and the approval by Cheryl Kennedy, vice president of the Office of System Safety, of design guidelines for use in the construction project. Each of those documents bore directly on the nature of overcrowding at
