Opinion
May 10, 1990
Appeal from the Supreme Court, New York County (William J. Davis, J.).
The discovery sought cannot be construed as destructive of the laundry room. While a portion of ceramic tile will be removed, defendant Morse has volunteered, at its own cost and expense, to return the room in question to its original state. Moreover, there does not appear to be any less drastic method to obtain this type of information sought (see, Castro v. Alden Leeds, Inc., 116 A.D.2d 549). To deny defendant this discovery would severely limit this defendant's capability to defend in the action (see, Kroll v. Long Is. Light. Co., 102 A.D.2d 812, 813).
We have reviewed appellant's remaining contentions and find them to be without merit.
Concur — Ross, J.P., Carro, Asch and Rubin, JJ.