Opinion
November 17, 1997
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is reversed, with costs, and the defendants' motion is denied.
Prior to the plaintiff's deposition before a stenographer, the defendants moved, inter alia, to compel him to demonstrate how he incurred the injuries alleged in the complaint. The court granted the motion.
The court improvidently exercised its discretion in granting the motion for a demonstration, as the plaintiff can verbally explain, without demonstrating by use of the subject tools, how he was injured. Moreover, the stenographer would not be able to adequately transcribe such a demonstration. Any such attempt would necessarily involve the stenographer's subjective interpretation and perception of the demonstration.
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.