Sims v. Ferraccio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and note of issue and statement of readiness reinstated. Memorandum: Supreme Court erred in granting the motion of defendants to compel Vera Sims (plaintiff) to provide the records of a doctor who had treated plaintiff many years prior to the accident that is the subject of this litigation. Plaintiff’s note of issue and statement of readiness had been filed one year before the motion to compel. “[Ajbsent special, unusual or extraordinary circumstances spelled out factually, the motion court lacks discretion to permit further…
2Cases cited3 opinions
- Laudico v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Gould v. MaroneAppellate Division of the Supreme Court of the State of New York · 1993
- Melanson v. CaggianoAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Marks v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2000
- Edbauer v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2001