MARTINEZ v. BAUER

9324N, 305453/09.

103 A.D.3d 537 (2013)

959 N.Y.S.2d 439

2013 NY Slip Op 1169

ROGER MARTINEZ, Appellant, v. ROBERT BAUER, Defendant, and YITZCHO ABOWITZ et al., Respondents.

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

February 21, 2013.


Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered March 12, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel a physical inspection of a desk and hutch in the Abowitz defendants' apartment, unanimously affirmed, without costs.

The trial court providently exercised its broad discretion in determining that plaintiff had not shown that the requested physical inspection in a private home was "material...

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