Lamparelli v. Ford Motor Co.

• Decision Date: 20 June 1983
• Citation: Lamparelli v. Ford Motor Co., 464 N.Y.S.2d 16, 95 A.D.2d 825 (N.Y. App. Div. 1983)
• Parties: Frances LAMPARELLI, et al., Respondents-Appellants, v. FORD MOTOR COMPANY, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 16

464 N.Y.S.2d 16

95 A.D.2d 825

Frances LAMPARELLI, et al., Respondents-Appellants, v.FORD MOTOR COMPANY, Appellant-Respondent.

Supreme Court, Appellate Division Second Department.

June 20, 1983.

Bases, Russo, Lawrence, Ciovacco, Walsh & Feder, P.C., Garden City(Morton H. Feder and Howard J. Newman, New York City, of counsel), for appellant-respondent.

Arthur Moskoff, New City, for respondents-appellants.

Before DAMIANI, J.P., and TITONE, LAZER and MANGANO, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries, etc., (1)plaintiffs appeal from so much of an order of the Supreme Court, Rockland County, entered February 19, 1982, as granted that part of defendant's motion which compelled production of plaintiffs' expert's report and (2)defendant(a) cross-appeals from so much of the order entered February 19, 1982 as denied that part of its motion which was for a protective order with respect to production of its own expert's second report, and (b) appeals from two orders of the same court entered June 24, 1982 and October 19, 1982, which, respectively, (1) upon reargument, modified the order entered February 19, 1982 so as to deny defendant's motion, inter alia, to compel production of plaintiffs' expert's report, and (2) upon further reargument, adhered to the prior determination of June 24, 1982.

Appeal by plaintiffs from the order entered February 19, 1982 dismissed, without costs or disbursements, in view of the modification thereof by the order entered June 24, 1982 upon reargument.

Appeal by defendant from the orders entered February 19, 1982 and June 24, 1982 dismissed, without costs or disbursements.Said orders were superseded by the order entered October 19, 1982 upon further reargument.

Order entered October 19, 1982 affirmed insofar as appealed from, without costs or disbursements.

PlaintiffFrances...