Opinion
March 18, 1993
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
On September 2, 1990, plaintiff Gloria Manning was injured when she slipped on a liquid substance on the floor of an aisle in defendant's supermarket. On July 5, 1991, plaintiffs served a demand for copies of all accident reports and incident records for the period of one year prior to the date of the accident. Defendant Pathmark moved for a protective order, arguing that it should not be burdened by providing reports on incidents occurring over a one-year period which have no probative value with respect to the alleged transitory hazardous condition.
Defendant's argument is persuasive. There is no indication that the wet floor was a recurring condition. Gloria Manning indicated that the liquid substance came from another customer's shopping cart as the result of leakage from a container.
A plaintiff is entitled to disclosure of information regarding incidents giving rise to claims similar to his own (Alexson Mech. Contr. v. Honeywell, Inc., 101 A.D.2d 796, 797). However, such disclosure is relevant in the case of claims alleging injury caused by a defect in design or condition (Kolody v. Supermarkets Gen. Corp., 163 A.D.2d 276, 277; Klatz v. Armor El. Co., 93 A.D.2d 633, 637). It is entirely inapposite under the facts alleged herein.
Concur — Carro, J.P., Milonas, Ellerin, Kupferman and Rubin, JJ.