Stout v. General Motors Corp.

Appellate Division of the Supreme Court of New York

Stout v. General Motors Corp.

38 A.D.2d 583, 328 N.Y.S.2d 302, 1971 N.Y. App. Div. LEXIS 2738

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

DecidedDecember 13, 1971

StatusPublished

Cited by1 cases

This text of 38 A.D.2d 583 (Stout v. General Motors 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.

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Stout v. General Motors Corp., 38 A.D.2d 583, 328 N.Y.S.2d 302, 1971 N.Y. App. Div. LEXIS 2738 (N.Y. Ct. App. 1971).

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Opinion

In consolidated actions to recover damages for wrongful deaths and conscious pain and suffering, involving a 1965 Chevrolet Corvair automobile, defendant General Motors [584]*584Corporation appeals from so much of an order of the Supreme Court, Rockland County, entered January 14, 1971, as granted a cross motion by plaintiff in Action No. 1 for disclosure of documents and data relating to aspects of the car’s construction, testing, and accident record. (A second appeal by the same defendant, from portions of another order of the same court, entered the same day, has been abandoned as moot [see appellant’s brief, p. 2].) Order reversed insofar as appealed from, without costs, and said plaintiff’s cross motion granted only to the extent set forth in the order to be made hereon. The disclosure shall commence 30 days after entry of the order to be made hereon or at such other time as may be agreed upon by the parties. The order under review was unreasonably burdensome and extensive in failing to particularize with some degree of specificity and relevance the number and type of documents and data intended. Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

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In consolidated actions to recover damages for wrongful deaths and conscious pain and suffering, involving a 1965 Chevrolet Corvair automobile, defendant General Motors [584]*584Corporation appeals from so much of an order of the Supreme Court, Rockland County, entered January 14, 1971, as granted a cross motion by plaintiff in Action No. 1 for disclosure of documents and data relating to aspects of the car’s construction, testing, and accident record. (A second appeal by the same defendant, from portions of another order of the same court, entered the same day, has been abandoned as moot [see appellant’s brief, p. 2].) Order reversed insofar as appealed from, without costs, and said plaintiff’s cross motion granted only to the extent set forth in the order to be made hereon. The disclosure shall commence 30 days after entry of the order to be made hereon or at such other time as may be agreed upon by the parties. The order under review was unreasonably burdensome and extensive in failing to particularize with some degree of specificity and relevance the number and type of documents and data intended. Rabin, P. J., Munder, Martuscello, Gulotta and Benjamin, JJ., concur.

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38 A.D.2d 583, 328 N.Y.S.2d 302, 1971 N.Y. App. Div. LEXIS 2738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stout-v-general-motors-corp-nyappdiv-1971.

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