ALABADLA v. NEW YORK CITY TRANSIT AUTHORITY


276 A.D.2d 278 (2000)

713 N.Y.S.2d 865

NAJEEB ALABADLA et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided October 5, 2000.


Assuming, arguendo, that defendants violated a pre-trial discovery order by failing to notify plaintiffs of their intent to call Felicia Finch, a token booth clerk who worked in the subway station where plaintiff Najeeb Alabadla slipped and fell, but did not actually witness either the accident or the alleged hazardous condition, the trial court nevertheless properly exercised its discretion in permitting Ms. Finch to testify that she did not remember seeing the Transit Authority...

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