James Miller v. George Haug Co‪.‬

Order, Supreme Court, New York County (Dontzin, J.), entered May 18, 1982, which, inter alia, directed defendant Leylands testing to go forward before a neutral expert at a neutral laboratory, unanimously modified, on the law and the facts, by vacating the fourth decretal paragraph and by substituting therefor a paragraph (i) directing plaintiff to turn over a copy of his experts report, with opinions deleted, (ii) permitting Leyland to choose its own expert, with testing to go forward at the experts laboratory with minimum destructive damage, (iii) permitting plaintiffs representative to be present at Leylands testing, (iv) directing Special Term to determine the exact method of testing and (v) directing Leyland to turn over a copy of its experts report, with opinions deleted, to the plaintiff. As modified, the order should otherwise be affirmed, without costs. Plaintiff Miller alleges that his corporation, Merlin Studios, Inc., purchased a Jaguar from defendant British Leyland Motors, Inc. (Leyland) in 1974. On June 24, 1979, the car allegedly exploded. In March of 1980, plaintiff Miller brought this action to recover damages on the theories of negligence, breach of warranty and strict products liability. The plaintiffs expert examined the remnants of the car and rendered a report with his opinions. Thereafter, parts of the vehicle were discarded while they were in the custody of the plaintiff. Defendant Leyland has yet to examine the component parts that are still in [96 A.D.2d 790 Page 791]