From Casetext: Smarter Legal Research

Wilkes v. Archibald

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 310 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the Supreme Court, Queens County (Lisa, J.).


Ordered that the order is affirmed, with costs.

The plaintiff, a pedestrian, allegedly was injured when struck by a vehicle operated by the defendant Donovan Archibald, and commenced the instant action to recover damages for his personal injuries. We agree with the Supreme Court that the defendants are not entitled to conduct a psychiatric examination of the plaintiff since the plaintiff has not made any claim based on aggravation of a preexisting emotional or mental condition and has not used his mental condition to excuse his conduct (see, Dillenbeck v. Hess, 73 N.Y.2d 278; Sternberger v. Offen, 138 A.D.2d 480). The results of a psychiatric examination of the plaintiff at this time are neither material nor necessary to the defense of this action (see, Sternberger v. Offen, supra).

Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.


Summaries of

Wilkes v. Archibald

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 310 (N.Y. App. Div. 1998)
Case details for

Wilkes v. Archibald

Case Details

Full title:MICHAEL WILKES, Respondent, v. CHERRY ARCHIBALD et al., Appellants

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

Date published: Nov 2, 1998

Citations

255 A.D.2d 310 (N.Y. App. Div. 1998)
679 N.Y.S.2d 408

Citing Cases

Lopresti v. P&M Constr. Commercial Maint. & Remodeling

Further, and more importantly, the plaintiff has not alleged that the injuries she suffered at the time of…

Cueto v. Walgreen Eastern Co.

We agree with the Supreme Court that the defendants are not entitled to conduct a psychiatric examination of…