From Casetext: Smarter Legal Research

Weinberger v. Lensclean Incorporated

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 58 (N.Y. App. Div. 1993)

Opinion

November 9, 1993

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


The IAS Court properly denied defendants' motion to depose plaintiff's psychiatrist. In this case, the psychiatric report submitted by plaintiff's treating physician is sufficient to meet the requisites of CPLR 3101 (d) (1) by providing a clear idea of the nature of the testimony, as well as some basis for the diagnosis. In addition, defendants have failed to demonstrate any "special circumstances" which would support their request to depose plaintiff's treating physician (CPLR 3101 [d] [1] [iii]).

With respect to the third-party defendant insurer's motion to dismiss the third-party complaint, the IAS Court properly determined that the insurer failed to meet its burden of proving that the exclusionary provision, strictly and narrowly construed, applied in this case, and that it is subject to no other reasonable interpretation (Seaboard Sur. Co. v Gillette Co., 64 N.Y.2d 304, 311). Therefore, there was no basis to dismiss the third-party claim that, inter alia, the insurer is required to defend.

Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Kassal, JJ.


Summaries of

Weinberger v. Lensclean Incorporated

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 58 (N.Y. App. Div. 1993)
Case details for

Weinberger v. Lensclean Incorporated

Case Details

Full title:ROYAL WEINBERGER, Plaintiff, v. LENSCLEAN INCORPORATED et al., Defendants…

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

Date published: Nov 9, 1993

Citations

198 A.D.2d 58 (N.Y. App. Div. 1993)
603 N.Y.S.2d 148

Citing Cases

Schroder v. Consolidated Edison Co. of N.Y

The Second Department cases cited by plaintiff in support of her argument that the "special circumstances"…

Admin. for Children's Servs. v. Leila S. (In re Aliyah N.)

The father met his burden of demonstrating special circumstances warranting the grant of his motion to…