Appellate Court Upholds Evidentiary Taking for Roof Terrace Condition, Rejecting Preliminary Objections

The appellate court dismissed a challenge to the lower court's decision to grant a precautionary taking of evidence regarding the condition of a roof terrace, holding that the purpose of such evidence under § 228 of the Civil Procedure Code is solely the preservation of evidence, requiring only the credible demonstration of the threatened loss of the evidence, not the likelihood of success on the merits of the main claim. Specifically, the court reasoned that objections concerning the opposing party's lack of passive legitimacy are generally inadmissible in this summary procedure because legitimacy is a substantive matter for the main action, and similarly, the defense of *res judicata* based on a prior settlement between the party seeking evidence and a third party is inapplicable as the current parties were not identical in the prior proceeding.