Opinion
April 21, 1998
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
Petitioner did not, pursuant to CPLR 3122, timely object to the demand for the original 1988 lease and has not shown that the request was palpably improper, as it manifestly was not, the issue of the lease's authenticity having been raised by the parties' papers. Accordingly, we disagree with the IAS Court's denial of respondents' motion for discovery of the original lease for the purpose of ascertaining its authenticity ( see, Greico v. Albany Ambulette Serv., 232 A.D.2d 938, 939; cf., Keis Distribs. v. Northern Distrib. Co., 226 A.D.2d 967, 971-972). It is nonetheless unnecessary to vacate the final order. Instead, the receiver, who, we assume, is now in possession of the original lease, is independently to obtain the services of a disinterested forensic expert for a report on this lone outstanding issue.
Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Williams, JJ.