McElheron v. Indian Hollow Elementary School

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 7, 1983, which granted defendant Frederic P. Wiedersum Associates’ motion to preclude plaintiffs from “using any expert as to the condition of * * * or any inspection of the drinking fountain in question, upon the trial of this action”. Order reversed, without costs or disbursements, and defendant Frederic P. Wiedersum Associates’ motion denied on condition that plaintiffs obtain and serve upon the said defendant a copy of an…