Board of Education of Union Free School District No. 3 v. Ace Test Boring, Inc.

An application is made by defendant, pursuant to CPLR 3124 to compel disclosure. During an examination of the plaintiff’s Superintendent of Buildings and 0-rounds the defendant asked for, and was refused, the produc*865tion of certain photographs, an engineer’s report, and the daily reports of construction work in progress. The examination was adjourned and this motion resulted.

Essentially, plaintiff is suing for its damages sustained due to the alleged inaccuracy of test borings made and reports rendered thereon by the defendant. Prior to its actual construction of a public school building…