Tedesco v. Dry-Vac Sales, Inc.

Appeal from an order of the Supreme Court (Best, J.), entered August 31, 1993 in Fulton County, which denied a motion by third-party defendant Harris Corporation for an order compelling plaintiffs’ expert witness to submit to an examination before trial and to produce certain documents.

The additional discovery sought by third-party defendant Harris Corporation from plaintiffs’ expert in this case is based on a claim of special circumstances (see, CPLR 3101 [d] [1] [iii]). The underlying action arose in July 1986 when plaintiff Stephen E. Tedesco (hereinafter plaintiff) was allegedly seriously…