Appellate Division of the Supreme Court of New York, 1998

Eiss v. Sears, Roebuck & Co.

Appellate Division of the Supreme Court of New York · Decided February 4, 1998 · Balio, Boehm, Denman, Hayes, Pine

247 A.D.2d 913; 668 N.Y.S.2d 534; 1998 N.Y. App. Div. LEXIS 1258

Opinion of the Court

Order unanimously reversed on *914the 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

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