Opinion
12-15-2016
Margaret PERKINS, Plaintiff–Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants–Appellants, John Doe, Defendant.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants. David A. Kapelman, P.C., New York (David A. Kapelman of counsel), for respondent.
Lawrence Heisler, Brooklyn (Timothy J. O'Shaughnessy of counsel), for appellants.
David A. Kapelman, P.C., New York (David A. Kapelman of counsel), for respondent.
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered on or about March 14, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion to compel production of postaccident repair and maintenance records for a three-month period, unanimously affirmed, without costs.
The motion court did not improvidently exercise its discretion in directing defendants to produce postaccident repairs for the limited purpose sought, to ascertain whether the wheelchair ramp on the bus to be inspected is the same one that was involved in plaintiff's accident (see Francklin v. New York El. Co., Inc., 38 A.D.3d 329, 832 N.Y.S.2d 180 [1st Dept.2007], Kaplan v. Einy, 209 A.D.2d 248, 252, 618 N.Y.S.2d 777 [1st Dept.1994] ; cf. Steinel v. 131/93 Owners Corp., 240 A.D.2d 301, 302, 658 N.Y.S.2d 314 [1st Dept.1997] ). If defendants are so inclined, as an alternative to the directed production, they may submit an affidavit confirming that the wheelchair ramp on the subject bus is the same one that was on the bus at the time of the accident, except for wear and tear.
ACOSTA, J.P., ANDRIAS, MOSKOWITZ, GISCHE, WEBBER, JJ., concur.