Appellate Division of the Supreme Court of New York, 1989

Papaj v. Shannon

Papaj v. Shannon
Appellate Division of the Supreme Court of New York · Decided November 15, 1989
155 A.D.2d 900
Papaj v. Shannon

Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Although plaintiffs failed to present proof of special circumstances to warrant judicial supervision of disclosure (see, Di Giovanni v Pepsico, Inc., 120 AD2d 413, 414), they are entitled to disclosure of the names and addresses of persons injured in similar accidents, and the dates of those accidents (see, e.g., Dattmore v Eagan Real Estate, 112 AD2d 800). Supreme Court therefore erred in failing to grant this relief. (Appeal from order of Supreme Court, Niagara County, Koshian, J. — discovery.) Present — Callahan, J. P., Boomer, Pine, Lawton and Davis, JJ.

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