LEKUTANOVIC v. CITY OF NEW YORK


279 A.D.2d 378 (2001)

719 N.Y.S.2d 556

DJELINA LEKUTANOVIC et al., Appellants, v. CITY OF NEW YORK, Respondent, et al., Defendants.

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

Decided January 23, 2001.


There was no justification for granting summary judgment to the municipal defendant before it had complied with plaintiffs' discovery demands. Those demands were reasonable and met with no objection. The motion to strike was made fully a year after the City had initially agreed to produce its records. Those records might or might not reveal a hazard at the location of the accident, which could raise a question as to the necessity of a more appropriate safety design. In light...

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