LARSEN v. SEARS ROEBUCK & CO.


47 A.D.2d 708 (1975)

Larry S. Larsen et al., Doing Business as L & M Cycle Specialists, Appellants, v. Sears Roebuck & Company, Respondent

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

February 28, 1975


Order unanimously affirmed, with costs.

Memorandum:

Special Term correctly denied the motion insofar as plaintiffs sought to discover material prepared by defendant in defense of litigation. Plaintiffs, of course, may examine defendant before trial to ascertain what tests defendant performed on the fire extinguisher, whether the extinguisher was altered in any way in the course thereof, and, if so, in what manner. If it then appears that the condition of the...

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