Prior v. Brown Transport Corp.

Appellate Division of the Supreme Court of New York

Prior v. Brown Transport Corp.

103 A.D.2d 1042, 478 N.Y.S.2d 435, 1984 N.Y. App. Div. LEXIS 19745

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

DecidedJuly 13, 1984

DocketAppeal No. 1

StatusPublished

Cited by6 cases

This text of 103 A.D.2d 1042 (Prior v. Brown Transport Corp.) 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

Prior v. Brown Transport Corp., 103 A.D.2d 1042, 478 N.Y.S.2d 435, 1984 N.Y. App. Div. LEXIS 19745 (N.Y. Ct. App. 1984).

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Opinion

— Order unanimously reversed, on the law, without costs, defendant Brown Transport Corporation’s motion granted, and plaintiff’s motion denied, without prejudice, in accordance with the following memorandum: In these actions predicated upon the alleged negligence of defendants in owning and operating motor vehicles, Special Term erred in granting plaintiff’s motion for pretrial discovery of defendant Brown Transport Corporation assets for the purpose of determining a basis for punitive damages against it. “Not until plaintiff obtains such a special verdict that he is entitled to punitive damages is it necessary or important for him to know defendant’s wealth” (Rupert v Sellers, 48 AD2d 265, 272; see, also, Varriale v Saratoga Harness Racing, 76 AD2d 991, 992; Vollertsen Assoc. v John T. Nothnagle, Inc., 48 AD2d 1007). In the event plaintiff obtains a special verdict entitling her to punitive damages, she may renew her motion for appropriate discovery in accordance with standards set forth in Rupert v Sellers (supra). (Appeal from order of Supreme Court, Erie County, Joslin, J. — protective order, EBT.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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— Order unanimously reversed, on the law, without costs, defendant Brown Transport Corporation’s motion granted, and plaintiff’s motion denied, without prejudice, in accordance with the following memorandum: In these actions predicated upon the alleged negligence of defendants in owning and operating motor vehicles, Special Term erred in granting plaintiff’s motion for pretrial discovery of defendant Brown Transport Corporation assets for the purpose of determining a basis for punitive damages against it. “Not until plaintiff obtains such a special verdict that he is entitled to punitive damages is it necessary or important for him to know defendant’s wealth” (Rupert v Sellers, 48 AD2d 265, 272; see, also, Varriale v Saratoga Harness Racing, 76 AD2d 991, 992; Vollertsen Assoc. v John T. Nothnagle, Inc., 48 AD2d 1007). In the event plaintiff obtains a special verdict entitling her to punitive damages, she may renew her motion for appropriate discovery in accordance with standards set forth in Rupert v Sellers (supra). (Appeal from order of Supreme Court, Erie County, Joslin, J. — protective order, EBT.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Bluebook (online)

103 A.D.2d 1042, 478 N.Y.S.2d 435, 1984 N.Y. App. Div. LEXIS 19745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prior-v-brown-transport-corp-nyappdiv-1984.

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