DeFreitas v. Board of Education of Mount Vernon District Number 416

Appellate Division of the Supreme Court of New York

DeFreitas v. Board of Education of Mount Vernon District Number 416

139 A.D.2d 615, 526 N.Y.S.2d 1016, 1988 N.Y. App. Div. LEXIS 4392

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

DecidedApril 18, 1988

StatusPublished

This text of 139 A.D.2d 615 (DeFreitas v. Board of Education of Mount Vernon District Number 416) 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.

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DeFreitas v. Board of Education of Mount Vernon District Number 416, 139 A.D.2d 615, 526 N.Y.S.2d 1016, 1988 N.Y. App. Div. LEXIS 4392 (N.Y. Ct. App. 1988).

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Opinion

— In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 17, 1987, which denied its motion to conduct discovery on the issue of damages.

Ordered that the order is affirmed, with costs.

The defendant’s right to appear at the inquest, cross-examine witnesses and offer testimony upon the issue of damages is not disputed, notwithstanding its failure to file a timely answer (see, McClelland v Climax Hosiery Mills, 252 NY 347, 351). However, under all the circumstances at bar, including the lengthy delays that have already occurred, the prior voluntary disclosure of the infant plaintiff’s hospital record and medical bills, and the granting pursuant to stipulation of medical authorizations and a physical examination, the Supreme Court did not abuse its discretion in denying the defendant’s discovery requests. Mollen, P. J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.

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— In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered November 17, 1987, which denied its motion to conduct discovery on the issue of damages.

Ordered that the order is affirmed, with costs.

The defendant’s right to appear at the inquest, cross-examine witnesses and offer testimony upon the issue of damages is not disputed, notwithstanding its failure to file a timely answer (see, McClelland v Climax Hosiery Mills, 252 NY 347, 351). However, under all the circumstances at bar, including the lengthy delays that have already occurred, the prior voluntary disclosure of the infant plaintiff’s hospital record and medical bills, and the granting pursuant to stipulation of medical authorizations and a physical examination, the Supreme Court did not abuse its discretion in denying the defendant’s discovery requests. Mollen, P. J., Lawrence, Eiber, Sullivan and Balletta, JJ., concur.

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139 A.D.2d 615, 526 N.Y.S.2d 1016, 1988 N.Y. App. Div. LEXIS 4392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/defreitas-v-board-of-education-of-mount-vernon-district-number-416-nyappdiv-1988.

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