Order unanimously reversed on the law with costs, motion denied and cross motion granted.
Memorandum:
In this product liability action based upon a design defect, Supreme Court erred in staying defendant Harley-Davidson Motor Company, Inc.'s motion for summary judgment pending disclosure of postaccident raw data generated by defendant's 1989 safety guard testing program. The discovery sought was not "`material and necessary'" (Allen v Crowell-Collier Publ...
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