O'NEIL v. SEATRAIN LINES


111 Misc.2d 1003 (1981)

Thomas R. O'Neil et al., Plaintiffs, v. Seatrain Lines, Inc., Defendant.

Supreme Court, Trial Term, New York County.

December 17, 1981


Attorney(s) appearing for the Case

Kenneth Hiller for plaintiff. Barry, McTiernan & More (Raymond E. McAlonan of counsel), for defendant.


BURTON S. SHERMAN, J.

This is a motion to strike defendant's answer for failure to comply with an order of this court, dated May 28, 1981, which, pursuant to CPLR 3120, granted plaintiffs discovery and inspection of defendant's premises. The only issue is whether the plaintiffs' counsel and their expert must execute a general waiver of liability before the defendant permits such inspection of its property.

This is a personal injury action, assigned...

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