Burley v. Sears Roebuck & Co.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 22, 1994, which denied their motion for leave to proceed with destructive testing of an automobile battery which allegedly exploded when the injured plaintiff attempted to jump-start his car.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted upon the condition that the defendants be permitted to have a representative present when the inspection and testing of the automobile…