Rosario v. General Motors Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
This appeal calls for us to reconsider the circumstances under which a party is entitled to disclosure from an adverse party’s expert witness. We hold that when material physical evidence is inspected by an expert for one side, and then lost or destroyed before the other side has had an opportunity to conduct its own expert inspection, a special circumstance exists within the meaning of CPLR 3101 (d) (1) (iii) that per se warrants disclosure directly from the expert concerning the facts surrounding his inspection.
Plaintiff was a passenger in an automobile…
2Cases cited14 opinions
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- State v. Horsemen's Benevolent & Protective Ass'nAppellate Division of the Supreme Court of the State of New York · 1970
- Villano v. Conde Nast Publications, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Slabakis v. DrizinAppellate Division of the Supreme Court of the State of New York · 1985
- Berg v. Flower Fifth Avenue HospitalAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by20 opinions
- NAS Electronics, Inc. v. Transtech Electronics PTE Ltd.District Court, S.D. New York · 2003
- Jasopersaud v. Tao Gyoun RhoAppellate Division of the Supreme Court of the State of New York · 1991
- Santariga v. McCannAppellate Division of the Supreme Court of the State of New York · 1990
- 232 Broadway Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1991
- Hallahan v. Ashland Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1997
15 more not listed; retrieve them via the Exa API.