Barnes v. P & C Food Markets, Inc.

Appellate Division of the Supreme Court of New York

Barnes v. P & C Food Markets, Inc.

132 A.D.2d 921, 518 N.Y.S.2d 478, 1987 N.Y. App. Div. LEXIS 49372

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 10, 1987

StatusPublished

Cited by1 cases

This text of 132 A.D.2d 921 (Barnes v. P & C Food Markets, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. P & C Food Markets, Inc., 132 A.D.2d 921, 518 N.Y.S.2d 478, 1987 N.Y. App. Div. LEXIS 49372 (N.Y. Ct. App. 1987).

Pincite

Opinion

Order unanimously affirmed with costs. Memorandum: Defendants are not entitled to further disclosure concerning the expected testimony of plaintiffs architect expert unless they can make a showing of special circumstances (see, CPLR 3101 [d] [1] [ii]; Siegel, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, 1987 Pocket Part, CPLR C3101:29, at 10-11). Since defendants have failed to establish such special circumstances, Special Term properly granted plaintiffs motion for a protective order and vacated the notice to take the expert’s deposition. (Appeal from order of Supreme Court, Onondaga County, Miller, J. — protective order.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Order unanimously affirmed with costs. Memorandum: Defendants are not entitled to further disclosure concerning the expected testimony of plaintiffs architect expert unless they can make a showing of special circumstances (see, CPLR 3101 [d] [1] [ii]; Siegel, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, 1987 Pocket Part, CPLR C3101:29, at 10-11). Since defendants have failed to establish such special circumstances, Special Term properly granted plaintiffs motion for a protective order and vacated the notice to take the expert’s deposition. (Appeal from order of Supreme Court, Onondaga County, Miller, J. — protective order.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Bluebook (online)

132 A.D.2d 921, 518 N.Y.S.2d 478, 1987 N.Y. App. Div. LEXIS 49372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-p-c-food-markets-inc-nyappdiv-1987.

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