Cannistra by Cannistra v. Putnam County
| Decision Date | 04 April 1988 |
| Citation | 139 A.D.2d 479,526 N.Y.S.2d 841 |
| Parties | Edmund J. CANNISTRA, etc., et al., Plaintiffs-Respondents, v. COUNTY OF PUTNAM, et al., Defendants, Robert S. Gibbons, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
J. Russell Clune, P.C., Harrison, for appellants.
O'Connor, McGuinness, Conte, Doyle, Oleson & Collins, White Plains (Carolyn A. Chieco, on the brief), for plaintiffs-respondents.
Before THOMPSON, J.P., and BROWN, WEINSTEIN and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the defendants Robert S. Gibbons, Donald Gibbons and Joan F. Gibbons appeal from an order of the Supreme Court, Putnam County (Dickinson, J.), dated December 18, 1986, which granted the plaintiffs' motion to compel compliance with their demand for authorizations and denied the cross motion by the appellants to dismiss the first cause of action as against Donald Gibbons.
ORDERED that the order is modified, on the law, by (1) deleting the provision thereof which granted the plaintiffs' motion to compel compliance with their demand for authorizations with the exception of the driver's education and ophthalmological records which the appellants' counsel authorized released, and substituting therefor a provision denying the plaintiffs' motion to compel compliance with their demand for authorizations with the exception of the driver's education and ophthalmological records which the appellants' counsel authorized released, and (2) deleting the provision thereof which denied the cross motion to dismiss the first cause of action as against the defendant Donald Gibbons, and substituting therefor a provision granting the cross motion; as so modified, the order is affirmed, with costs to the appellants; the appellants' time to provide authorizations with respect to Robert S. Gibbons's driver's education and ophthalmological records is extended until 30 days after service upon them of a copy of this decision and order, with notice of entry.
The infant plaintiff sustained severe and permanent personal injuries on July 24, 1984, when the automobile in which he was a passenger collided with a dump truck which was parked in such manner as to be partially obstructing a portion of the roadway along Peekskill Hollow Road in the Town of Putnam Valley. The subject vehicle was being operated by the defendant Robert S. Gibbons, and was registered in the name of his mother, Joan F. Gibbons.
Discovery with respect to a party's mental or physical condition is permitted only when that party's mental or physical condition has been placed in controversy (CPLR 3121[a] ). Such a...
To continue reading
Request your trial
-
Peterson v. Estate
...(see Chanko v. American Broadcasting Cos. Inc., 27 N.Y.3d 46, 53, 29 N.Y.S.3d 879, 49 N.E.3d 1171 ; Cannistra v. County of Putnam, 139 A.D.2d 479, 480–481, 526 N.Y.S.2d 841 ; Sibley v. Hayes 73 Corp., 126 A.D.2d 629, 631, 511 N.Y.S.2d 65 ). Contrary to the conclusion of our dissenting colle......
-
Cannistra v. Gibbons
...has been before this court (see, Matter of Cannistra v. Town of Putnam Val., 124 A.D.2d 801, 508 N.Y.S.2d 524; Cannistra v. County of Putnam, 139 A.D.2d 479, 526 N.Y.S.2d 841; Cannistra v. Town of Putnam Val., 177 A.D.2d 536, 576 N.Y.S.2d 285). The incident giving rise to this case was a 19......
-
Gandy v. Larkins
...conduct complained of by the plaintiff (Koump v. Smith, 25 NY2d 287, 294 [303 N.Y.S.2d 858, 250 N.E.2d 857]" (Cannistra v. County of Putnam, 139 A.D.2d 479, 480, 526 N.Y.S.2d 841). Even where there has been a showing that a party's physical condition is in controversy, discovery may still b......
-
Klein v. Levin
...controversy through "unsupported allegations" (cf., Gandy v. Larkins, 165 A.D.2d 862, 863, 560 N.Y.S.2d 326; Cannistra v. County of Putnam, 139 A.D.2d 479, 480, 526 N.Y.S.2d 841), but rather through an evidentiary showing that the appellant had made certain admissions to the injured plainti......