On October 17, 2022, Justice Cohen of the New York County Commercial Division issued a decision in People v. National Rifle Assn. of Am., Inc., 2022 NY Slip Op. 33539(U), denying a request to depose opposing counsel, explaining:
A request to depose opposing counsel is rare and disfavored, and a movant must establish the information they seek in deposing defendants’ counsel is material and necessary, that they have a good faith basis for seeking it and that the information is not available from another source. Contrary to the NRA’s argument, the fact that Liberty Petroleum did not involve Commercial Division Rule 11-f or a governmental agency does not warrant a departure from its guidance and holding. None of the representations made or cases cited by the NRA in its submissions to the Special Master establish that the deposition of an attorney from the NY AG’ s office is warranted.
The NRA’ s argument that Mr. Sheehan is a viable deponent because he verified the NY AG’ s pleadings is similarly unavailing. CPLR 3020(d)(2) permits for a verification on behalf of a governmental entity by any person acquainted with the facts which is a standard which is not synonymous with personal knowledge. The fact that Mr. Sheehan verified the NY AG’ s pleadings standing alone is insufficient to warrant a deposition.
(Internal quotations and citations omitted).