Opinion
November 24, 1986
Appeal from the Supreme Court, Suffolk County (Orgera, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the plaintiff's motion is granted to the extent that the defendant is directed to comply with item No. 2 of the plaintiff's notice for discovery and inspection and to permit her to film the milk-filling process, conditioned only upon taking reasonable safety precautions. The defendant shall permit the plaintiff to make the inspection within 20 days after service upon it of a copy of this decision and order, with notice of entry. Any dispute between the parties as to the reasonable safety precautions with respect to that filming shall be submitted to and determined by the Supreme Court, Suffolk County, forthwith.
Since the defendant did not challenge the relevance of the requested inspection and, indeed, indicated it would permit the filming of the milk-filling process so long as certain safety precautions were undertaken, Special Term abused its discretion in failing to allow the filming and in vacating the plaintiff's demand therefor. Mangano, J.P., Brown, Rubin and Eiber, JJ., concur.