Legal Opinion
Avila Fabrics, Inc. v. 152 West 36th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1964PublishedCited by 5 opinions
1Per curiam
Plaintiff appeals from an order, in a property damage action, directing the New York Board of Fire Underwriters to permit defendant to examine and receive a copy of a report the board obtained concerning a flood at the premises leased by defendant landlord to plaintiff tenant. The issue is whether a document in the exclusive possession of a nonparty may be discovered under CPLR 3120.
The order directing* the board to permit such discovery should be reversed, with leave to defendant to apply for the taking of the board’s deposition under CPLR 3101 (subd. [a], par. [4]) and 3107 to 3111.
Plaintiff…
2Cases cited1 opinion
- Williams v. Sterling Estates, Inc.New York Supreme Court · 1963
3Cited by5 opinions
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Associated Brewers Distributing Co. v. Superior CourtCalifornia Supreme Court · 1967
- Ball v. StateNew York Court of Claims · 1979
- DeDivitis v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Gerardo v. BretonAppellate Division of the Supreme Court of the State of New York · 2023