LEWIS v. BAKER


291 A.D.2d 216 (2002)

737 N.Y.S.2d 279

MICHAEL LEWIS, Plaintiff, v. DONALD BAKER et al., Defendants. (And Another Action.) SEARS ROEBUCK AND COMPANY, Third-Party Plaintiff-Appellant, v. PETER WORZMAN, Third-Party Defendant-Respondent.

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

Decided February 5, 2002.


Even if we were to find that third-party plaintiff had preserved its demand for a laboratory inspection of the subject ladder, we would find no reason to disturb the motion court's conclusion that all required discovery, other than that of preaction material, has been provided. As to the preaction material, the motion court inspected that material in camera prior to ruling that certain documents were privileged and the record on appeal affords no basis to conclude that the...

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