1417 Bedford Realty Co. v. Sun Oil Co.

In an action for an injunction and to recover damages for injury to real property allegedly sustained as a result of the negligence of the defendant Sun Oil Company, Inc., in excavating upon its own property immediately adjacent to plaintiff’s premises, in violation of the Administrative Code of the City of New York (§ C26-385.0), said defendant appeals from an order of the Supreme Court, Kings County, dated December 18, 1963, which granted plaintiff’s motion for a discovery and inspection pursuant to statute (CPLR 3120, subd. 2); which_authorized plaintiff to “ enter upon [said] defendant’s…