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Ellerin v. Bentley's

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 259 (N.Y. App. Div. 1999)

Opinion

Submitted September 29, 1999

November 8, 1999

Douglas M. Soffey, Garden City, N.Y. (Joseph E. Soffey of counsel), for appellant.

George J. Lewis, Brooklyn, N.Y. and Irene Brunstein, Brooklyn, N Y, for respondent (one brief filed).

SONDRA MILLER, J.P., WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

In an action to recover damages for personal injuries, the defendant Bentley's appeals from (1) an order of the Supreme Court, Kings County (G. Aronin, J.), dated November 16, 1998, which denied its motion to compel disclosure, and (2) an order of the same court, dated February 5, 1999, which denied its motion to reargue.

ORDERED that the appeal from the order dated February 5, 1999, is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order dated November 16, 1998, is reversed, on the law, and the motion to compel disclosure is granted; and it is further,

ORDERED that the appellant is awarded one bill of costs.

Since the plaintiff affirmatively placed her mental condition in controversy, the appellant was entitled to full disclosure regarding any psychiatric or psychological treatment she may have received prior to or subsequent to the date of the alleged negligence (see, Koump v. Smith, 25 N.Y.2d 287 ; St. Clare v. Cattani, 128 A.D.2d 766 ; Daniele v. Long Is. Jewish-Hillside Med. Center, 74 A.D.2d 814).

S. MILLER, J.P., THOMPSON, KRAUSMAN, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

Ellerin v. Bentley's

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 259 (N.Y. App. Div. 1999)
Case details for

Ellerin v. Bentley's

Case Details

Full title:DORIS ELLERIN, respondent, v. BENTLEY'S, appellant, et al., defendant (and…

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

Date published: Nov 8, 1999

Citations

266 A.D.2d 259 (N.Y. App. Div. 1999)
698 N.Y.S.2d 263

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