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AVILA FABRICS v. 152 W. 36TH ST. CORP.

22 A.D.2d 238 (1964)

Avila Fabrics, Inc., Appellant, v. 152 West 36th Street Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 22, 1964.

Attorney(s) appearing for the Case

Saul Goldstein of counsel (Max J. Gwertzman, attorney), for appellant.

Robert A. Dwyer of counsel (William H. Morris, attorney), for respondent.

BREITEL, J. P., VALENTE, McNALLY and STEUER, JJ., concur in Per Curiam opinion; EAGER, J., dissents in part, in opinion.

Per Curiam.

Plaintiff appeals from an order, in a property damage action, directing the New York Board of Fire Underwriters to permit defendant to examine and receive a copy of a report the board obtained concerning a flood at the premises leased by defendant landlord to plaintiff tenant. The issue is whether a document in the exclusive possession of a nonparty may be discovered under CPLR 3120.

The order directing...

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