Bennett v. Gordon
Cases that cite this one
4 later published cases cite this decision.
- Brito v. Gomez (Appellate Division of the Supreme Court of New York 2018)
- Jerez v. 2141, LLC (Appellate Division of the Supreme Court of New York 2021)
- Jerez v. 2141, LLC (Appellate Division of the Supreme Court of New York 2021)
- Martinez v. Premium Laundry Corp. (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Plaintiffs’ argument that defendants’ appeal is defective because it relies heavily upon the complaint which was not submitted on the motion and is dehors the record, is unavailing. This Court may take judicial notice of the complaint in the case file (cf. Walker v City of New York, 46 AD3d 278, 282 [1st Dept 2007]; see Matter of Magid v Gabel, 25 AD2d 649 [1st Dept 1966]).
The trial court exercised its discretion in a provident manner in this discovery dispute. The court properly allowed defendants
The motion court also reasonably determined that Bennett’s injuries arising from the two accidents were sufficiently distinct, and his recent head and left shoulder injuries were relatively new complaints, thereby undermining Gordon’s argument for discovery of Bennett’s entire medical history.
We have considered the parties’ remaining arguments and find them unavailing. Concur — Andrias, J.E, Friedman, Moskowitz, Freedman and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.