Major Chevrolet, Inc. v. Charles Pisacano, Inc.

On this motion brought under CPLR 3120, defendant moves for an order precluding the plaintiff from offering any evidence upon the trial, upon the ground that the plaintiff has willfully failed to submit the property, which is the subject of the action, for inspection and disclosure. In opposing the motion, plaintiff alleges that the subject property is neither in the possession, custody nor control of the plaintiff, but in the control of a third person, not a party to this action.

Since the procedure for discovery and inspection of property in the possession and control of a nonparty is…