MARTIN v. NEW YORK CITY TRANSIT AUTHORITY


294 A.D.2d 267 (2002)

741 N.Y.S.2d 877

HARRIET MARTIN, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided May 28, 2002.


While the court properly declined to take the drastic measure of striking defendant's answer, the penalty imposed was far too lenient in light of the egregiously cavalier attitude of defendant toward its discovery obligations. In view of defendant's inexcusable failure to produce the documents sought by plaintiff during discovery until midtrial, the issue of whether defendant had notice, actual or constructive, of the alleged defective condition upon its premises should be...

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