DeGENNARO v. ROBBIE ROBINSON TEXTILES, INC.


205 A.D.2d 659 (1994)

613 N.Y.S.2d 426

Sharon DeGennaro, an Infant, by Her Mother and Natural Guardian, Margaret DeGennaro, et al., Appellants, v. Robbie Robinson Textiles, Inc., et al., Respondents

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

June 20, 1994


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion for a protective order is granted, and the defendants are precluded from compelling the nonparty witness Ermina DeGennaro to engage in a "touch and feel" demonstration.

The demonstration which the defendant intends to employ at the witness's examination before trial is clearly not intended to reveal any evidence which is material and necessary to the defense of this action. Rather,...

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