JAMES v. MTA-LONG ISLAND BUS COMPANY


8 A.D.3d 236 (2004)

777 N.Y.S.2d 316

JEFFREY JAMES et al., Respondents, v. MTA-LONG ISLAND BUS COMPANY, Appellant.

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

June 1, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the plaintiffs' motion to make the bus involved in the accident available for discovery and inspection after the note of issue had been vacated (see CPLR 3101; cf. 22 NYCRR 202.21 [d]).

The defendant's remaining contention is improperly raised for the first time on appeal and, in any event, is without merit (see Donnell v Madison...

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