Renwal Products, Inc. v. Kleen-Stik Products, Inc.

This is a motion for a protective order in an action based on defendants’ shipment to plaintiff of allegedly deficient merchandise. Plaintiff Benwal’s notice of discovery pursuant to CPLB 3120 indicates that it wishes a materials consultant to perform certain tests on goods in defendant’s possession. Defendant concedes Benwal’s right to make the tests and Benwal concedes defendant’s right to be present while the tests are made, but defendant urges that the discovery be conditioned upon plaintiff furnishing to it a copy of the consultant’s report. Benwal refuses on the ground that such report…