A personal injury plaintiff who sued a senior-citizens’ facility is entitled to discovery on its finances in her effort to defeat its charitable-immunity defense, the Appellate Division ruled Wednesday, overturning summary judgment for the defendant on charitable-immunity grounds before discovery was complete.
The plaintiff requested documents showing the facility’s finances, including officers’ salaries, contending the facility is a money-making operation. The defendant called the request unduly burdensome and not designed to yield admissible evidence.
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