134 N.Y.S. 1090 | N.Y. App. Term. | 1912
The order appealed from directs .the defendant to permit- a representative of the plaintiff to inspect
The order appealed from provides that the machine shall be inspected on the defendant’s premises, and prescribes the day upon which, and the hours during which, the inspection and photograph shall be made. The order was promptly applied for after the institution of the action, which was commenced soon after the accident. Such an order sufficiently safeguards the defendant’s rights, and I cannot see that there is any real danger of abuse from permitting it to stand. I think the order made was authorized within the meaning of section 803 of the Code of Civil Procedure in its present form. Cuca v. Lackawanna Steel Co., 138 App. Div. 421, merely held that the order then under consideration did not provide for proper restrictions and safeguards, and that it was applied for too long after the accident. By implication, that case is authority for, rather than against, the order appealed from.
Order affirmed, with ten dollars costs and disbursements.
Gebabd, J., concurs; Guv, J., taking no part.
Order affirmed.