Freeman v. Hertzoff

2 Citing cases

  1. Cook v. HMC Times Square Hotel, LLC

    112 A.D.3d 485 (N.Y. App. Div. 2013)   Cited 9 times

    “Supreme Court is vested with broad discretion to supervise disclosure and [ ] its orders in this regard should not be disturbed absent an abuse of that discretion” (Daniels v. City of New York, 291 A.D.2d 260, 260, 737 N.Y.S.2d 598 [1st Dept.2002] ). However, limiting disclosure of materials on the issue of prior notice to one year unduly restricts a plaintiff's right to discovery ( id.). Generally, three years is an appropriate time frame concerning the exchange of past notice evidence ( see Freeman v. Hertzoff, 179 A.D.2d 363, 577 N.Y.S.2d 839 [1st Dept.1992] ); Matos v. City of New York, 78 A.D.2d 834, 433 N.Y.S.2d 152 (1st Dept.1980). The motion court here improvidently exercised its discretion in limiting plaintiff's discovery of defendants' records for one year prior to the accident, and plaintiff is entitled to Engineer on Duty Reports, Manager on Duty Reports, and Incident Reports involving rooms 1002 or 1012 for a three-year period preceding the accident through and including records of the post-accident incident on November 15, 2005, to the extent those documents are still available.

  2. Shakir v. Convent 1 LLC

    2023 N.Y. Slip Op. 30518 (N.Y. Sup. Ct. 2023)

    Based on the papers submitted, the court finds that plaintiff is entitled to an order compelling defendants to produce the subject work orders, service tickets, and maintenance records from demand 13 for the three-year period beginning January 14, 2014, to and including the date of the incident, January 14, 2017. It is well-settled that the production of repair and maintenance records over a three-year period as to premises where an incident occurred due to an alleged intransient condition is reasonable (see Petty v Riverbay Corp., 92 A.D.2d 525, 526 [1st Dept 1983]; see also K.V. v New York City Hous. Auth., 180 A.D.3d 533 [1st Dept 2020], Cook v HMC Times Square Hotel, LLC, 112 A.D.3d 485 [1st Dept 2013], Daniels v City of New York, 291 A.D.2d 260 [1st Dept 2002], Freeman v Hertzoff, 179 A.D.2d 363 [1st Dept 1992]).