Although a party is not required to serve an adverse party with notice to inspect real property that is open to the general public (CPLR 3120 [a][1][ii]), here, disclosure from the expert himself and of the materials related to his inspection is warranted by special circumstances (CPLR 3101 [d][1][iii]), namely, plaintiffs' long delay, after their expert inspected the premises, in responding to third-party defendant's demand for expert information and the possibility that changes in the building's structure during the delay altered the conditions that allegedly caused the accident ( see, Santos v. Toodle Lou Rest. Bar, 192 A.D.2d 418; Tedesco v. Dry-Vac Sales, 203 A.D.2d 873).
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.