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Badalamenti v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2008
50 A.D.3d 477 (N.Y. App. Div. 2008)

Opinion

April 17, 2008.

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered February 2, 2007, which, insofar as appealed from as limited by the briefs, denied that part of plaintiffs' motion to produce discovery arising from a similar accident involving identical defendants, unanimously reversed, on the law, without costs, the motion granted and defendants directed to produce all reports relating to the Neary litigation.

Before: Andrias, J.P., Friedman, Buckley, Catterson and Acosta, JJ.


The motion court erred in denying plaintiffs' request for the production of reports arising out of and relating to the Neary case, where the pit-stop switch for the building's elevators involved in both the subject accident and in the accident involving Neary are identical devices manufactured by defendant G.A.L. Manufacturing Corp. ( see McKeon v Sears Roebuck Co., 190 AD2d 577).

We have considered defendants' remaining arguments and find them unavailing.


Summaries of

Badalamenti v. N.Y

Appellate Division of the Supreme Court of New York, First Department
Apr 17, 2008
50 A.D.3d 477 (N.Y. App. Div. 2008)
Case details for

Badalamenti v. N.Y

Case Details

Full title:VINCENZO BADALAMENTI et al., Appellants, v. CITY OF NEW YORK et al.…

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

Date published: Apr 17, 2008

Citations

50 A.D.3d 477 (N.Y. App. Div. 2008)
855 N.Y.S.2d 520