Summary
In McHugh v Metro-North Commuter Railroad, 33 Misc 3d 1211(A), 2011 WL 4985525, 2011 NY Slip Op 51896(U), slip op at 3 [Sup Ct New York County 2011] [Edmead, J.], the court declined to preclude defendant from using the affidavit of an eyewitness whose identity was not previously disclosed during discovery since the plaintiff did not demonstrate that the failure to disclose was "willful, contumacious, or in bad faith."
Summary of this case from Hanan v. Bremen House Inc.Opinion
September 16, 2011.
Negligence — Maintenance of Premises — Rodent Appearance on Railroad Ramp Resulting in Slip and Fall Unforeseeable as Matter of Law.