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RADOLINSKI v. OTIS ELEVATOR CO.

188 A.D.2d 289 (1992)

Kenneth Radolinski et al., Respondents, v. Otis Elevator Co., Appellant, et al., Defendants. (And Two Third-Party Actions.)

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

December 1, 1992

Whether or not adequate circumstances have been shown to support discovery against a nonparty is generally a determination resting within the sound discretion of the court to which the application is made (Brady v Ottaway Newspapers, 63 N.Y.2d 1031, 1032). In this case, the movant has offered no reason why an assessment of plaintiff's physical condition cannot be made in the usual way from an evaluation of the medical findings (...

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