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GORDON v. CITY OF NEW YORK

245 A.D.2d 184 (1997)

666 N.Y.S.2d 186

Sydnee Gordon, Appellant, v. City of New York, Defendant, and Lexington-79th Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1997

The requested repair estimates, even if ultimately held inadmissible at trial because made after the accident, are discoverable since they may shed light on the issue of who controlled or maintained the area of the sidewalk where the accident occurred (see, Olivia v Gouze, 285 App Div 762, 765, affd 1 N.Y.2d 811; cf., Cleland v 60-02 Woodside Corp., 221 A.D.2d 307)....

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