Bohl v. Wichard Associates, Ltd.

In an action to recover damages for breach of contract and fraud in connection with the construction and sale of a dwelling and property, plaintiffs appeal from an order of the Supreme Court, Nassau County (Becker, J.), entered October 4, 1983, which denied their motion, pursuant to CPLR 3120 (subd [a], par 1, cl [ii]; subd [b]), for leave to enter onto the subject premises, presently owned by nonparties, to inspect, measure, survey, test and photograph. 11 Order reversed, with costs, and motion granted upon condition that plaintiffs file an undertaking with corporate surety in the sum of…