RICHARDSON v. BLOOMINGDALE'S


157 A.D.2d 585 (1990)

Arlene Richardson et al., Respondents, v. Bloomingdale's et al., Defendants, and Greenwood Mills, Inc., Appellant. (And Two Third-Party Actions.)

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

January 25, 1990


Cognizant as we are of the difficulties encountered by IAS courts in supervising the preparation of the cases assigned to them for trial and understanding the court's reluctance to reward movant's inaction in enforcing its right to an additional physical examination of the plaintiff and to inspect and test a sample of the nightshirt in question, we find no improvident exercise of discretion in its ruling. Nevertheless, since there is some question regarding responsibility...

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