BURLEY v. SEARS ROEBUCK & CO.


226 A.D.2d 494 (1996)

641 N.Y.S.2d 113

Edward Burley et al., Appellants, v. Sears Roebuck and Company et al., Respondents

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

April 15, 1996


Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted upon the condition that the defendants be permitted to have a representative present when the inspection and testing of the automobile battery is conducted and to examine, photograph, and videotape the battery before and after each stage of testing.

The Supreme Court improvidently exercised its discretion in denying the plaintiffs' motion for destructive testing of...

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