Filestream is not throwing exception when created for the same file -(async)

[Piotrekk]

Hi

I am downloading file from the server. The problem is described in
comments.Here is the code:

//input stream
using (Stream stream = res.GetResponseStream())
{

//Problem is here. When I'm trying to download the
same file while previous is still downloading
//the file stream doesn't throw any exception
saying that other process is actually using it
//it simply hangs on this line.
//when other process ends then i have to wait few
seconds to see messagebox with exception
//how to force it to throw exception immidiately
//background worker belongs to the DownloadForm
using (FileStream fs = new
System.IO.FileStream(path, System.IO.FileMode.OpenOrCreate)
{
int i = 0;
long total = 0;

byte[] buffer = new byte[32768];

while (((i = stream.Read(buffer, 0,
buffer.Length)) 0) && !Stop)
{
fs.Write(buffer, 0, i);
total += i;
downloadWorker.ReportProgress((int)(total
* 100 / fileSize));
if (total >= fileSize) break;
}
}
}

Kind Regards
PK