CALDERONE v. LEVITES REALTY MGMT. CORP.


228 A.D.2d 357 (1996)

644 N.Y.S.2d 262

Michelle Calderone et al., Plaintiffs, v. Levites Realty Management Corp. et al., Respondents, et al., Defendants. New York City Department of Health, Nonparty Appellant

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

June 25, 1996


The circumstances warrant defendants' examination of appellant through the employee who inspected the apartment in question (CPLR 3101 [a] [4]; 3106 [d]), because the information sought relating to the employee's qualification and training in the operation of the instrument used to test for the presence of lead paint is material and necessary to the defense and cannot be gleaned from appellant's proffered records. Such examination is also appropriate since defendants, who...

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