Opinion
2013-02-21
Roger MARTINEZ, Plaintiff–Appellant, v. Robert BAUER, Defendant, Yitzcho Abowitz, et al., Defendants–Respondents.
Lisa M. Comeau, Garden City, for appellant. Law Office of James J. Toomey, New York (Evy Kazansky of counsel), for respondents.
Lisa M. Comeau, Garden City, for appellant. Law Office of James J. Toomey, New York (Evy Kazansky of counsel), for respondents.
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 A.D.3d 451, 452, 816 N.Y.S.2d 376 [2d Dept. 2006];Ulico Cas. Co. v. Wilson, Elser, Moskowitz, Edelman & Dicker, 1 A.D.3d 223, 224, 767 N.Y.S.2d 228 [1st Dept. 2003] ).