Nasoff v. Hills Supermarket, Inc.

This is a motion for an order, pursuant to section 324 of the Civil Practice Act and rule 140 of the Rules of 'Civil Practice, directing plaintiffs and their attorney to produce for discovery and inspection by an expert of defendant’s choosing, at his laboratory, the glass jar, which the plaintiffs allege caused the injuries set forth in the complaint, which is the basis of this action.

The plaintiffs object to the discovery and inspection because the jar is the only physical evidence of plaintiffs’ case and should not be removed from plaintiffs’ possession and control.

The court can properly…