MINGO v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY


302 A.D.2d 274 (2003)

756 N.Y.S.2d 13

REBECCA MINGO, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant.

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

Decided February 20, 2003.


The trial court properly exercised its discretion in precluding defendant from using a statement by plaintiff contained in defendant's in-house accident report as evidence-in-chief since defendant withheld the accident report until the time of jury selection despite plaintiff's long-standing specific demands for such party statements, and in violation of a court order pursuant to which discovery was to have been completed many months before (see CPLR 3126; and see...

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