Opinion
December 1, 1992
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
Whether or not adequate circumstances have been shown to support discovery against a nonparty is generally a determination resting within the sound discretion of the court to which the application is made (Brady v Ottaway Newspapers, 63 N.Y.2d 1031, 1032). In this case, the movant has offered no reason why an assessment of plaintiff's physical condition cannot be made in the usual way from an evaluation of the medical findings (see, D'Amico v Manufacturers Hanover Trust Co., 182 A.D.2d 462), or that the information sought cannot be obtained from other sources (Dioguardi v St. John's Riverside Hosp., 144 A.D.2d 333, 334). Accordingly, we find no abuse of discretion in the motion court's denial of the application.
Concur — Sullivan, J.P., Carro, Rosenberger and Rubin, JJ.