Opinion
February 27, 2001.
Order, Supreme Court, New York County (Robert Lippman, J.), entered September 28, 1999, which, in an action for personal injuries sustained by plaintiff when an incendiary device exploded on a subway train owned and operated by defendant-respondent, granted such defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Peter L. Gale, for plaintiffs-appellants.
Lawrence Heisler, for defendant-respondent.
Before: Tom, J.P., Andrias, Ellerin, Rubin, Saxe, JJ.
No basis exists to depart from our precedent dismissing other actions brought against defendant arising out of the same incident (Lee v. New York City Tr. Auth., 249 A.D.2d 93, lv dismissed in part and denied in part 92 N.Y.2d 944, citing Weiner v. Metropolitan Transp. Auth., 55 N.Y.2d 175). The foregoing should not be understood as condonation of defendant's noncompliance with its disclosure obligations, of which we strongly disapprove.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.