HALL v. 130-10 FOOD CORP.


254 A.D.2d 22 (1998)

677 N.Y.S.2d 923

John M. Hall et al., Plaintiffs, v. 130-10 Food Corp., Doing Business as Trade Fair Supermarkets, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Tuscan Dairy Farms, Inc., Third-Party Defendant-Respondent

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

October 1, 1998


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...

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