Lindholm v. Wiener

Murphy, P. J., and Kassal, J.,

dissent in a memorandum by Kassal, J., as follows: We disagree with the disposition at Special Term and would reverse the order and grant defendant’s motion to inspect and photograph the loft occupied by plaintiffs, f The issue as to plaintiffs’ status under the Loft Law (Multiple Dwelling Law, art 7-C), is presently pending before the loft board. However, there appears to be no procedure by which the board can direct discovery material relevant to the dispute; nor does section 282 of the Multiple Dwelling Law, establishing such unit, expressly contain such…