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MATTER OF WITTMAN

21 Misc.3d 673 (2008)

864 N.Y.S.2d 761

In the Matter of MARY JANE WITTMAN et al., Petitioners, for an Order Permitting Discovery and Inspection of Property Owned by the ELMIRA HOUSING AUTHORITY, to wit, the Edward Flannery Towers in the County of Chemung.

Supreme Court, Chemung County.

September 18, 2008.

Attorney(s) appearing for the Case

Ziff Law Firm, Elmira (Christina Bruner Sonsire of counsel), for petitioners.

Sayles & Evans, Elmira (James F. Young of counsel), for respondent.

OPINION OF THE COURT

ROBERT C. MULVEY, J.

Petitioners have moved pursuant to CPLR 3102 (c) for an order permitting their consultant to examine, photograph, collect samples and otherwise inspect the Edward Flannery Towers owned by the Elmira Housing Authority for the purpose of determining the nature, scope and cause of an outbreak of Legionnaires' disease which is believed to have occurred at the Flannery Towers in August of 2008. The Elmira Housing Authority...

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