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Desson v. Trustees of Net Realty Holding Trust

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 512 (N.Y. App. Div. 1996)

Opinion

July 22, 1996

Appeal from the Supreme Court, Suffolk County (Lama, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

Discovery of evidence of subsequent similar accidents, while material in cases where a defect is alleged in the design or creation of a product or structure, is irrelevant and inappropriate in cases such as this, where no inherent defect is alleged ( see, Kolody v. Supermarkets Gen. Corp., 163 A.D.2d 276, 277; Yoon v Woolworth Co., 202 A.D.2d 575, 576). Accordingly, the Supreme Court properly denied the branch of the plaintiff's motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident. Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.


Summaries of

Desson v. Trustees of Net Realty Holding Trust

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 1996
229 A.D.2d 512 (N.Y. App. Div. 1996)
Case details for

Desson v. Trustees of Net Realty Holding Trust

Case Details

Full title:GARY S. DESSON, Appellant, v. TRUSTEES OF NET REALTY HOLDING TRUST…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 1996

Citations

229 A.D.2d 512 (N.Y. App. Div. 1996)
646 N.Y.S.2d 31

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