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EISS v. SEARS, ROEBUCK & CO.

247 A.D.2d 913 (1998)

668 N.Y.S.2d 534

Peter Eiss et al., Respondents, v. Sears, Roebuck and Co., Appellant

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

February 4, 1998

Order unanimously reversed on the law without costs and motion granted.

Memorandum:

In this personal injury action, Supreme Court abused its discretion in denying defendant's motion to compel plaintiff Peter Eiss to demonstrate on videotape the manner in which he was using a jointer-planer at the time he was injured (see, Dale v Emerson Elec. Co., 219 A.D.2d 815

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