Winiecki v. Melroe Co.
| Decision Date | 06 July 1998 |
| Parties | , 1998 N.Y. Slip Op. 6724 William WINIECKI, et al., Respondents, v. MELROE COMPANY, et al., Defendants Third-Party Plaintiffs-Appellants, et al., Defendant Third-Party Plaintiff; Ireland-Gannon Associates, Inc., Third-Party Defendant. |
| Court | New York Supreme Court — Appellate Division |
Braff, Harris & Sukoneck, New York City (Harold I. Braff, Michael N. Aquino and Christopher K. Hough, of counsel), for appellants.
Salzman and Salzman, Brooklyn (Richard Salzman, of counsel), for respondents.
Before SULLIVAN, J.P., and PIZZUTO, ALTMAN and FRIEDMANN, JJ.
MEMORANDUM BY THE COURT.
In an action, inter alia, to recover damages for personal injuries, etc., the defendants third-party plaintiffs Melroe Company and Rolle Brothers Sales & Service, Inc., appeal from an order of the Supreme Court, Nassau County (O'Brien, J.), dated April 28, 1997, which, inter alia, (1) granted the branches of the respective motions of the plaintiffs and the third-party defendant which were to compel the disclosure of complete accident files for all accidents reported on Bobcat Model Numbers 7753, 753, 953, and 553, and (2) in effect, denied their cross motion to compel the plaintiffs to produce materials obtained by the plaintiffs from the American Trial Lawyers Association which refer to the appellant Melroe Company.
ORDERED that the order is modified by (1) deleting therefrom the provision granting the branches of the respective motions of the plaintiffs and the third-party defendant which were to compel the disclosure of complete accident files for all accidents reported on Bobcat Model Numbers 7753, 753, 953, and 553, and substituting therefor a provision granting those branches of the motions only to the extent of directing the disclosure of accident files relating to (a) accidents involving Bobcat Model Numbers 7753, 753, 953, and 553 from 1991 through 1994, and (b) claims similar in nature to the accident in this case from 1991 through 1994, and (2) deleting therefrom the provision which, in effect, denied the appellants' cross motion to compel the plaintiffs to produce materials obtained by the plaintiffs from the American Trial Lawyers Association which refer to the appellant Melroe Company, and substituting therefor a provision granting the cross motion to the extent that discovery of this material is permitted insofar as it constitutes statements of the parties; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff William Winiecki allegedly was injured while operating a Melroe Bobcat Model 7753 Skid Steer Loader in 1993 when he was...
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