Popfinger v. Terminix International Co.

—In an action, inter alia, to recover damages for property damage, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Schmidt, J.), dated November 17, 1997, as denied its motion pursuant to CPLR 3126 to dismiss the complaint or, in the alternative, to preclude the plaintiff from offering any evidence with respect to the condition of, or damage to, the subject property.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff claims that the defendant negligently failed to discover the presence of termites in the subject premises,…