O'Neil v. Seatrain Lines, Inc.

OPINION OF THE COURT

Burton S. Sherman, J.

This is a motion to strike defendant’s answer for failure to comply with an order of this court, dated May 28, 1981, which, pursuant to CPLR 3120, granted plaintiffs discovery and inspection of defendant’s premises. The only issue is whether the plaintiffs’ counsel and their expert must execute a general waiver of liability before the defendant permits such inspection of its property.

This is a personal injury action, assigned to this court, involving a fall from a crane at defendant’s plant. During extensive pretrial proceedings, involving formal…