In Nenadovic v. P.T. Tenants Corp. (84 AD3d 527 [1st Dept 2011]) a personal injury action arising from the alleged failure of a metal scaffold, the trial court denied an application for destructive testing partly on grounds of prejudice. The Appellate Division reversed and rejected the prejudice argument, noting that "there is no dispute that numerous photographs of the scaffold exist which will enable the fact-finder to assess its condition prior to the testing" (Nenadovic, at 527).