Ordered that the order is reversed, on the law, with costs, the motion is granted and the cross motion is denied.
The Supreme Court erred in denying the defendant's motion and in granting the plaintiff's cross motion for leave to depose the defendant's expert witness. The plaintiff failed to show that the evidence inspected by that witness became unavailable before the plaintiff had the incentive to have its own experts conduct inspections (see, 232 Broadway Corp...
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