GATTA v. MAKITA INC (1997)

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

Michael GATTA, Appellant, v. MAKITA U.S.A., INC., et al., Respondents.

Decided: November 17, 1997

Before BRACKEN, J.P., and PIZZUTO, ALTMAN and KRAUSMAN, JJ.

Marshall and Bellard, Garden City (Cheryl F. Rosenthal, of counsel), for appellant. Sedgwick, Detert, Moran & Arnold, New York City (Kimberly S. Penner and Lisa M. Abrahams, of counsel), for respondents.

In an action to recover damages for personal injuries sustained while attempting to assemble a table saw, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), dated May 28, 1996, which granted the defendants' motion to compel him to produce the table saw and related tools at his examination before trial and demonstrate how he was using those items when he was allegedly injured.

ORDERED that the order is reversed, with costs, and the defendants' motion is denied.

Prior to the plaintiff's deposition before a stenographer, the defendants moved, inter alia, to compel him to demonstrate how he incurred the injuries alleged in the complaint. The court granted the motion.

The court improvidently exercised its discretion in granting the motion for a demonstration, as the plaintiff can verbally explain, without demonstrating by use of the subject tools, how he was injured. Moreover, the stenographer would not be able to adequately transcribe such a demonstration. Any such attempt would necessarily involve the stenographer's subjective interpretation and perception of the demonstration.

MEMORANDUM BY THE COURT.

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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law