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MELENDEZ v. FOOD EMPORIUM, INC.

243 A.D.2d 264 (1997)

662 N.Y.S.2d 500

Violeta Melendez et al., Appellants, v. Food Emporium, Inc., et al., Respondents. Shopwell Inc., Doing Business as The Food Emporium, Third-Party Plaintiff-Respondent, v. Riverdale Holding Company et al., Third-Party Defendants-Respondents

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

October 2, 1997

Although a party is not required to serve an adverse party with notice to inspect real property that is open to the general public (CPLR 3120 [a] [1] [ii]), here, disclosure from the expert himself and of the materials related to his inspection is warranted by special circumstances (CPLR 3101 [d] [1] [iii]), namely, plaintiffs' long delay, after their expert inspected the premises, in responding to third-party defendant's demand...

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