Legal Opinion

In re Wittman

New York Supreme Court

Decided September 18, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Robert C. Mulvey, J.

Petitioners have moved pursuant to CPLR 3102 (c) for an order permitting their consultant to examine, photograph, collect samples and otherwise inspect the Edward Flannery Towers owned by the Elmira Housing Authority for the purpose of determining the nature, scope and cause of an outbreak of Legionnaires’ disease which is believed to have occurred at the Flannery Towers in August of 2008. The Elmira Housing Authority has submitted papers in opposition to the relief requested by the petitioners.

The petitioners herein represent the interests of three…

2Cases cited12 opinions

  1. Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
  2. Ebanks v. New York City Transit AuthorityNew York Court of Appeals · 1987
  3. States v. Lourdes HospitalNew York Court of Appeals · 2003
  4. Holzman v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  5. Ero v. Graystone Materials, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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