Opinion
October 1, 1998
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
The sought-after discovery material, documentation of prior accidents similar to that at issue here, should have been granted. It was relevant in this negligence action to establish that third-party defendant had notice of a particular, dangerous condition ( Coan v. Long Is. R.R., 246 A.D.2d 569). "While materiality and necessity [CPLR 3101 (a)] obviously place some limits on the scope of disclosure, disclosure should be permitted as long as the information sought bears on the controversy and will assist in the preparation for trial; the ultimate test is one of `"usefulness and reason"'" ( Matter of New York County DES Litig., 171 A.D.2d 119, 123, quoting O'Neill v. Oakgrove Constr., 71 N.Y.2d 521, 526, quoting Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403, 406).
Concur — Sullivan, J.P., Milonas, Rubin, Williams and Andrias, JJ.