Eiss v. Sears, Roebuck & Co.

Full title: PETER EISS et al., Respondents, v. SEARS, ROEBUCK AND CO., Appellant

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

Date published: Feb 4, 1998

247 A.D.2d 913 (N.Y. App. Div. 1998)

668 N.Y.S.2d 534

Opinion

February 4, 1998

Present — Denman, P.J., Pine, Hayes, Balio and Boehm, JJ.

Order unanimously reversed on the law without costs and motion granted. Memorandum: In this personal injury action, Supreme Court abused its discretion in denying defendant's motion to compel plaintiff Peter Eiss to demonstrate on videotape the manner in which he was using a jointer-planer at the time he was injured (see, Dale v. Emerson Elec. Co., 219 A.D.2d 815). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Discovery.)