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Hyde v. Chrysler Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 343 (N.Y. App. Div. 1989)

Opinion

May 1, 1989

Appeal from the Supreme Court, Queens County (Pitaro, J.).


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

Since the appellant has availed itself of the opportunity to inspect the vehicle which is the subject of this litigation and to inspect and measure the plaintiff's driveway where the accident occurred, the Supreme Court did not improvidently exercise its discretion (cf., CPLR 3103) when it declined to authorize "further" discovery and inspection in the form of an accident reenactment at the plaintiff's premises (see, Sullivan v New York City Tr. Auth., 109 A.D.2d 879, 880). Moreover, the plaintiff, by her answers to the challenged interrogatories, has adequately specified the parts of the vehicle which she claims were defective and has factually answered that she did not know what warnings, if any, "did accompany" the vehicle. The Supreme Court therefore properly denied that branch of the appellant's motion which sought further answers to those interrogatories. Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.


Summaries of

Hyde v. Chrysler Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 343 (N.Y. App. Div. 1989)
Case details for

Hyde v. Chrysler Corp.

Case Details

Full title:CLARICE HYDE, Respondent, v. CHRYSLER CORPORATION, Appellant, et al.…

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

Date published: May 1, 1989

Citations

150 A.D.2d 343 (N.Y. App. Div. 1989)

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