Legal Opinion

Anderson v. Niagara Mohawk Power Corp.

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

Decided May 11, 1990PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Special Term erred in resettling its discovery order. Resettlement was inappropriate because it is available only to correct errors in form, or for clarification, not to effect substantive changes as was the case here (see, Wilcox v County of Onondaga, 132 AD2d 984; Foley v Roche, 68 AD2d 558).

Special Term further erred in denying defendant’s motion for an order: (1) compelling compliance with the court’s prior discovery order; (2) directing plaintiff to execute medical…

2Cases cited6 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
  3. Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
  4. Hoenig v. WestphalNew York Court of Appeals · 1981
  5. Wilcox v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by2 opinions

  1. Simon v. City of Syracuse Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2004
  2. Sgambellone v. WheatleyNew York Supreme Court · 1995

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