MIGNOTT v. SEARS, ROEBUCK & CO.


86 A.D.2d 794 (1982)

Toris Mignott et al., Respondents, v. Sears, Roebuck & Co., Defendant Sears, Roebuck & Co., Third-Party Plaintiff, v. Singer Furniture Company, Third-Party Defendant-Appellant Singer Company, Third-Party Defendant and Fourth-Party Plaintiff, v. Kenlin Enterprises, Inc., et al., Fourth-Party Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 2, 1982


Plaintiff Toris Mignott has not carried the burden of showing that the examinations sought are improper by merely urging that prejudice flows from the fact that plaintiff intends to call only one doctor, a neuropsychiatrist, while defendants would call more than one physician, to wit a neurologist and a psychiatrist. While the court has broad power to prevent abuse, there is no basis for the claimed abuse in this case and no justification for the court's interference in the...

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