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  5. 161 A.D.2d 344 (1990)
 

MARTY v. MORSE DIESEL, INC.

161 A.D.2d 344 (1990)

Raphael Marty, Respondent, v. Morse Diesel, Inc., Respondent and Third-Party Plaintiff-Respondent and Second Third-Party Plaintiff-Respondent, and U.S. Chutes Corp., Respondent and Third Third-Party Plaintiff-Respondent. Booth Memorial Medical Center, Third-Party Defendant-Appellant; Ment Brothers Iron Works, Second Third-Party Defendant-Respondent; Architectural Acoustics, Inc., et al., Third Third-Party Defendants-Respondents

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

May 10, 1990

The discovery sought cannot be construed as destructive of the laundry room. While a portion of ceramic tile will be removed, defendant Morse has volunteered, at its own cost and expense, to return the room in question to its original state. Moreover, there does not appear to be any less drastic method to obtain this type of information sought (see, Castro v Alden Leeds, Inc., 116 A.D.2d 549). To deny defendant this discovery...

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