Yargeau v. Lasertron
902 N.Y.S.2d 475
N.Y. App. Div.
2010
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ALICE YARGEAU et al., Respondents, v LASERTRON, Appellant

(Appeal No. 2)

Supreme Court, Appellate Division, Fourth Department, New York

904 NYS2d 840

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered October 7, 2009 in a personal injury action. The order, insofar as appealed from, upon reconsideration denied the motion of defendant for partial summary judgment and granted the motion of plaintiffs to compel disclosure.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiffs’ motion and vacating the fourth ordering paragraph and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Alice Yargeau (plaintiff) while playing the “Cyber Sport” game at defendant‘s entertainment facility. According to plaintiffs, the “Cyber Car” in which plaintiff was seated was rear-ended by another Cyber Car, and they asserted causes of action for negligence, breach of warranty and strict products liability.

Plaintiffs made discovery demands in February 2009, April 2009 and May 2009 to which defendant responded on May 26, 2009. Plaintiffs thereafter moved to compel defendant to produce documents requested in their earlier demands. Specifically, plaintiffs contended that defendant should be required to produce documents concerning the design and manufacture of the Cyber Car. Defendant alleged, however, that it did not have such information because the Cyber Car was designed and manufactured by another corporation over which defendant had no control.

We conclude that Supreme Court erred in granting plaintiffs’ motion, and we therefore modify the order accordingly. We agree