GANDY v. LARKINS


165 A.D.2d 862 (1990)

Ganell Gandy, Respondent, v. Ernestine Larkins, Appellant

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

September 24, 1990


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff allegedly sustained serious and permanent injuries on August 8, 1985, when she, a pedestrian, was struck by a vehicle owned and operated by the defendant.

Discovery with respect to a party's mental or physical condition may be obtained where that party's mental or physical condition has been placed in controversy (CPLR 3121 [a]). "Such a situation may arise...

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