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Allen v. Manhattan Bronx Surface Transit

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 1991
170 A.D.2d 237 (N.Y. App. Div. 1991)

Opinion

February 7, 1991

Appeal from the Supreme Court, Bronx County (Lewis R. Friedman, J.).


Defendant, Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), moved to strike the case from the Trial Calendar upon the ground that plaintiff failed to execute the transcript of the preliminary hearing conducted pursuant to Public Authorities Law § 1212 (5). The statute, however, does not require plaintiff to do so. Hence, the record indicates that plaintiff has complied with defendants' other discovery requests, except to the extent indicated by the IAS court.

MABSTOA's attempt to superimpose the provisions governing deposition testimony pursuant to CPLR article 31 onto the statutory preliminary hearing held pursuant to Public Authorities Law § 1212 (5) is without merit. The order appealed from specifically provided for the parties to go forward with depositions, and defendants should have availed themselves of that opportunity.

Concur — Rosenberger, J.P., Wallach, Asch, Kassal and Smith, JJ.


Summaries of

Allen v. Manhattan Bronx Surface Transit

Appellate Division of the Supreme Court of New York, First Department
Feb 7, 1991
170 A.D.2d 237 (N.Y. App. Div. 1991)
Case details for

Allen v. Manhattan Bronx Surface Transit

Case Details

Full title:ANNIE ALLEN, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 7, 1991

Citations

170 A.D.2d 237 (N.Y. App. Div. 1991)