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Krygier v. Airweld, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1991
176 A.D.2d 700 (N.Y. App. Div. 1991)

Summary

requesting party only entitled to substance of facts and opinions

Summary of this case from Einheber v. Bodenheimer

Opinion

October 7, 1991

Appeal from the Supreme Court, Kings County (Rader, J.H.O., G. Aronin, J.).


Ordered that the appeal from the order dated July 3, 1990, is dismissed (see, CPLR 3104 [d]); and it is further,

Ordered that the order dated January 9, 1991, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff-respondent and the defendant-respondent are awarded one bill of costs.

Contrary to the position of Union Carbide Corporation, there is no requirement to provide the fundamental factual information upon which an expert's opinions were made. Indeed, a party's request for the facts and opinions upon which another party's expert is expected to testify is improper. The requesting party is entitled only to the substance of those facts and opinions (see, Renucci v. Mercy Hosp., 124 A.D.2d 796, 797; CPLR 3101 [d] [1] [i]). The appellant further failed to show any special circumstances supporting its request for additional disclosure (see, Dioguardi v. St. John's Riverside Hosp., 144 A.D.2d 333).

We have reviewed the parties' remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Sullivan and Harwood, JJ., concur.


Summaries of

Krygier v. Airweld, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1991
176 A.D.2d 700 (N.Y. App. Div. 1991)

requesting party only entitled to substance of facts and opinions

Summary of this case from Einheber v. Bodenheimer
Case details for

Krygier v. Airweld, Inc.

Case Details

Full title:GRANZYNA KRYGIER, Individually and as Administratrix of the Estate of…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 7, 1991

Citations

176 A.D.2d 700 (N.Y. App. Div. 1991)
574 N.Y.S.2d 790

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