Wolanin v. Halliman

Appellate Division of the Supreme Court of New York

Wolanin v. Halliman

145 A.D.2d 967, 535 N.Y.S.2d 1007, 1988 N.Y. App. Div. LEXIS 14044

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1988·Published·Cited by 1 cases

Opinion

— Order insofar as appealed from unani[968] mously reversed on the law with costs and motion denied, in accordance with the following memorandum: It was an improvident exercise of discretion for Special Term to grant defendants additional discovery and a physical examination of plaintiff (see, Siragusa v Teal’s Express, 96 AD2d 749). By demanding that plaintiff file a note of issue pursuant to CPLR 3216, defendants waived their right to have plaintiff examined and to obtain additional discovery (see, Gray v Crouse-Irving Mem. Hosp., 107 AD2d 1038). (Appeal from order of Supreme Court, Erie County, Wolfgang, J. — discovery.) Present — Callahan, J. P., Boomer, Green, Pine and Davis, JJ.

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— Order insofar as appealed from unani[968] mously reversed on the law with costs and motion denied, in accordance with the following memorandum: It was an improvident exercise of discretion for Special Term to grant defendants additional discovery and a physical examination of plaintiff (see, Siragusa v Teal’s Express, 96 AD2d 749). By demanding that plaintiff file a note of issue pursuant to CPLR 3216, defendants waived their right to have plaintiff examined and to obtain additional discovery (see, Gray v Crouse-Irving Mem. Hosp., 107 AD2d 1038). (Appeal from order of Supreme Court, Erie County, Wolfgang, J. — discovery.) Present — Callahan, J. P., Boomer, Green, Pine and Davis, JJ.

Wolanin v. Halliman, 145 A.D.2d 967, 535 N.Y.S.2d 1007, 1988 N.Y. App. Div. LEXIS 14044 (N.Y. Ct. App. 1988).

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Opinion

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