ROSARIO v. GMC.


148 A.D.2d 108 (1989)

Rosa Rosario, Respondent, v. General Motors Corporation et al., Appellants, and Luis Alvernia, Respondent Luis Alvernia, Plaintiff, v. General Motors Corporation et al., Defendants

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

June 27, 1989


Attorney(s) appearing for the Case

Herbert Rubin of counsel (David B. Hamm with him on the brief; Herzeld & Rubin, P. C., attorneys), for appellants.

Gary A. Lichtman of counsel (Raymond B. Schwartzberg & Associates, attorneys), for respondent.

SULLIVAN, J. P., KASSAL, ROSENBERGER and RUBIN, JJ., concur.


WALLACH, J.

This appeal calls for us to reconsider the circumstances under which a party is entitled to disclosure from an adverse party's expert witness. We hold that when material physical evidence is inspected by an expert for one side, and then lost or destroyed before the other side has had an opportunity to conduct its own expert inspection, a special circumstance exists within the meaning of CPLR 3101...

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