# Prior v. Brown Transport Corp.

> Appellate Division of the Supreme Court of the State of New York · July 13, 1984 · 103 A.D.2d 1042

URL: https://www.frixlaw.com/law-library/cases/5870642

## Case

- **Full name:** Helen C. Prior, Individually and as Mother and Guardian of Lisa M. Prior, an Infant, and as of Robert E. Prior v. Brown Transport Corporation
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 13, 1984
- **Citations:** 103 A.D.2d 1042; 478 N.Y.S.2d 435; 1984 N.Y. App. Div. LEXIS 19745
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5870642

## Opinion text

— Order unanimously reversed, on the law, without costs, defendant Brown Transport Corporation’s motion granted, and plaintiff’s motion denied, without prejudice, in accordance with the following memorandum: In these actions predicated upon the alleged negligence of defendants in owning and operating motor vehicles, Special Term erred in granting plaintiff’s motion for pretrial discovery of defendant Brown Transport Corporation assets for the purpose of determining a basis for punitive damages against it. “Not until plaintiff obtains such a special verdict that he is entitled to punitive damages is it necessary or important for him to know defendant’s wealth” (Rupert v Sellers, 48 AD2d 265, 272 ; see, also, Varriale v Saratoga Harness Racing, 76 AD2d 991, 992 ; Vollertsen Assoc. v John T. Nothnagle, Inc., 48 AD2d 1007 ). In the event plaintiff obtains a special verdict entitling her to punitive damages, she may renew her motion for appropriate discovery in accordance with standards set forth in Rupert v Sellers (supra). (Appeal from order of Supreme Court, Erie County, Joslin, J. — protective order, EBT.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5870642. Public record. Not legal advice.