AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GARY CZARNECKI, Appellant, v. DARLENE WELCH et al., Respondents.

Lahtinen, J.

Plaintiff commenced this action to recover for personal injuries sustained when he was bitten by defendants' dog in December 2001. Subsequently, plaintiff moved for an order directing defendants to comply with his discovery demand that the dog be videotaped during a re-creation of the events surrounding the biting incident for evaluation by an animal behavior expert. Supreme Court denied the motion, noting the passage of "some three years" since the incident as well as the lack of authority permitting such an experiment. Plaintiff appeals.

Supreme Court has broad discretion in managing disclosure, and absent an abuse of discretion or unreasonable interference with the disclosure of relevant and necessary material we will not disturb its determinations with regard thereto ( see American Assn. of Bioanalysts v. New York State Dept. of Health, 12 AD3d 868, 869; McMahon v. Aviette Agency, 301 AD2d 820, 821; Jordan v. Blue Circle Atl., 296 AD2d 752, 752-753). Based on the facts and circumstances of this case, we cannot conclude that Supreme Court abused its discretion in denying the motion ( see Austin v. Bascaran, 185 AD2d 474, 475; compare Hayden v. Sieni, 196 AD2d 573, 574, appeal dismissed 82 NY2d 835).

Ordered that the order is affirmed, with costs.

Use AI to get other relevant cases.

Comments

CZARNECKI v. WELCH
(Nov 17, 2005)