Edwardes v. Southampton Hospital Ass'n
New York Supreme Court
1Opinion of the CourtJack Stanislaw, J.
In this malpractice action the plaintiff Edwardes asks for a protective order against the notice of the third-party defendant, Zimmer Manufacturing Company, to *188produce an allegedly defective intramedullary pin for discovery and testing (CPLE 3120). Edwardes has some basic objection to production of the pin, but mainly asks that he be authorized to observe and have a copy of the report of the test, and be assured by the testing agency that the condition of the pin will not be substantially changed.
The pin itself, some 13x/% inches long, supposedly can be tested and examined by the use of about…
2Cases cited7 opinions
- Weisgold v. Kiamesha Concord, Inc.New York Supreme Court · 1966
- Hayward v. Willard Mountain, Inc.New York Supreme Court · 1966
- Jerry & Herbert Lehmann, Inc. v. Turtle Bros.New York Supreme Court · 1933
- Farone v. Korey Motors, Inc.New York Supreme Court · 1964
- Salzo v. Vi-She Bottling Corp.New York Supreme Court · 1962
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3Cited by5 opinions
- Cameron v. DIST. CT. IN & FOR FIRST JUD. D.Supreme Court of Colorado · 1977
- Mirchandani v. Home Depot, U.S.A., Inc.District Court, D. Maryland · 2006
- Brandes v. Pettibone, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- State Ex Rel. Remington Arms Co., Inc. v. PowersSupreme Court of Oklahoma · 1976
- Di Giovanni v. Pepsico, Inc.Appellate Division of the Supreme Court of the State of New York · 1986