PAGAN v. [And a Third-Party Action.] (1997)

Supreme Court, Appellate Division, First Department, New York.

Antonio PAGAN, Plaintiff-Respondent, v. MAGRILL BROTHERS, INC., et al., Defendants, SCMI, et al., Defendants-Appellants. [And a Third-Party Action.]

Decided: November 13, 1997

Before SULLIVAN, J.P., and MILONAS, ROSENBERGER and WILLIAMS, JJ.

Julie A. Sargiss, for Plaintiff-Respondent. Brian E. Lee, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered November 15, 1996, which, inter alia, denied appellants' motion for summary judgment and granted plaintiff's cross motion for an open commission to depose Lino Ibraccia, unanimously affirmed, with costs.

In this product liability action, summary judgment was properly denied due to the existence of triable issues of fact as to liability, particularly as to the relationship between appellants and their parent SCM Spa, in light of, inter alia, their sharing of officers and directors. The court thus properly ordered the deposition of the parent's controller by open commission. We have considered appellants' remaining arguments and find them to be without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network