Flex-O-Vit USA, Inc. v. Niagara Mohawk Power Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed with costs to defendant Niagara Mohawk Power Corporation in accordance with the following Memorandum: Plaintiff commenced this action seeking to recover for fire damage sustained to its manufacturing plant on or about July 4, 1995. Supreme Court erred in granting that part of plaintiff’s motion seeking to quash the notice of Niagara Mohawk Power Corporation (defendant) to take the deposition of the representative of National Fire Adjustment Co., Inc. (NFA) who investigated the fire immediately after its occurrence and made an…
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