MONTALVO v. CVS PHARMACY, INC.

2010-04099.

81 A.D.3d 611 (2011)

915 N.Y.S.2d 865

EDWARD MONTALVO et al., Appellants, v. CVS PHARMACY, INC., Respondent, et al., Defendants. (And a Third-Party Action.)

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

Decided February 24, 2011.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, and the plaintiffs' motion to compel the defendant CVS Pharmacy, Inc., to permit their attorney and photographer to inspect and photograph the roof of the store where the accident allegedly occurred is granted.

Parties to an action are entitled to reasonable discovery of "any facts bearing on the controversy which will assist preparation for trial...

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