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Roger Martinez v. Robert Bauer

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 21, 2013

ROGER MARTINEZ,
PLAINTIFF-APPELLANT,
v.
ROBERT BAUER, DEFENDANT, YITZCHO ABOWITZ, ET AL.,
DEFENDANTS-RESPONDENTS.

Martinez v Bauer

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2013 Friedman, J.P., Sweeny, Renwick, Freedman, Roman, JJ.

Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered March 12, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel a physical inspection of a desk and hutch in the Abowitz defendants' apartment, unanimously affirmed, without costs.

The trial court providently exercised its broad discretion in determining that plaintiff had not shown that the requested physical inspection in a private home was "material and necessary" within the meaning of CPLR 3101(a) (see Auerbach v Klein, 30 AD3d 451, 452 [2d Dept 2006]; Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 AD3d 223, 224 [1st Dept 2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2013

CLERK

20130221

© 1992-2013 VersusLaw Inc.



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