AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

JACK E. BOVSUN et al., Respondents, v. GARY T. SANPERI et al., Appellants.

Order affirmed, with costs.

Defendants have wholly failed to show that any "unusual and unanticipated conditions" have developed so as to justify further depositions of the plaintiffs (22 NYCRR 675.7; see, Holbin v Port Auth., 88 A.D.2d 990; Kirk v. Blum, 79 A.D.2d 700). The record clearly indicates that the discovery which has already been conducted has given defendants a full and fair opportunity to gather information on issues such as the "zone of danger" and the cause and extent of the psychic injuries sustained by plaintiffs. Indeed, the fact that defendants had plaintiffs undergo psychiatric examinations in 1978 belies their contention that they lack information necessary to defend the instant claims. As such, we find that Special Term did not abuse its discretion in denying defendants' motions to conduct further discovery and to keep the case off the Trial Calendar. Bracken, J.P., O'Connor, Rubin and Kunzeman, JJ., concur.

Use AI to get other relevant cases.

Comments

BOVSUN v. SANPERI
(Jul 1, 1985)