Opinion
July 22, 1996
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Discovery of evidence of subsequent similar accidents, while material in cases where a defect is alleged in the design or creation of a product or structure, is irrelevant and inappropriate in cases such as this, where no inherent defect is alleged ( see, Kolody v. Supermarkets Gen. Corp., 163 A.D.2d 276, 277; Yoon v Woolworth Co., 202 A.D.2d 575, 576). Accordingly, the Supreme Court properly denied the branch of the plaintiff's motion which was to direct the defendant Estiminet Corp. to provide him with authorizations to obtain all personal injury claim files for the two-year period subsequent to the date of the accident. Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.