Desson v. Trustees of Net Realty Holding Trust

Appellate Division of the Supreme Court of New York

Desson v. Trustees of Net Realty Holding Trust

229 A.D.2d 512, 646 N.Y.S.2d 31, 1996 N.Y. App. Div. LEXIS 7905

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

DecidedJuly 22, 1996

StatusPublished

Cited by1 cases

This text of 229 A.D.2d 512 (Desson v. Trustees of Net Realty Holding Trust) 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

Desson v. Trustees of Net Realty Holding Trust, 229 A.D.2d 512, 646 N.Y.S.2d 31, 1996 N.Y. App. Div. LEXIS 7905 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Lama, J.), dated July 18, 1995, as denied the branch of his motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident.

Ordered that the order is affirmed insofar as appealed from, with costs.

Discovery of evidence of subsequent similar accidents, while material in cases where a defect is alleged in the design or creation of a product or structure, is irrelevant and inappropriate [513]*513in cases such as this, where no inherent defect is alleged (see, Kolody v Supermarkets Gen. Corp., 163 AD2d 276, 277; Yoon v Woolworth Co., 202 AD2d 575, 576). Accordingly, the Supreme Court properly denied the branch of the plaintiff’s motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident. Mangano, P. J., Thompson, Florio, McGinity and Luciano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Lama, J.), dated July 18, 1995, as denied the branch of his motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident.

Ordered that the order is affirmed insofar as appealed from, with costs.

Discovery of evidence of subsequent similar accidents, while material in cases where a defect is alleged in the design or creation of a product or structure, is irrelevant and inappropriate [513]*513in cases such as this, where no inherent defect is alleged (see, Kolody v Supermarkets Gen. Corp., 163 AD2d 276, 277; Yoon v Woolworth Co., 202 AD2d 575, 576). Accordingly, the Supreme Court properly denied the branch of the plaintiff’s motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident. Mangano, P. J., Thompson, Florio, McGinity and Luciano, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

229 A.D.2d 512, 646 N.Y.S.2d 31, 1996 N.Y. App. Div. LEXIS 7905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desson-v-trustees-of-net-realty-holding-trust-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack