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Eiss v. Sears, Roebuck & Co.

247 A.D.2d 913 Court N.Y. App. Div. Decision date 1998-02-04 English

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

Contents

Majority

p. 913
Peter Eiss et al., Respondents, v Sears, Roebuck and Co., Appellant.
[668 NYS2d 534]

Order unanimously reversed on

p. 914
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 AD2d 815 ). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Discovery.)

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

Memorandum: In