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NEW YORK CITY TRANSIT AUTHORITY v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

40 A.D.3d 273 (2007)

834 N.Y.S.2d 192

NEW YORK CITY TRANSIT AUTHORITY et al., Appellants, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent, et al., Defendants.

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

Decided May 3, 2007.

Defendant adequately demonstrates that the cable tray was necessary to a proper investigation of the cause of the fire, and that the photographs of the fire site it was allowed to take were not an adequate substitute therefor (see Kirkland v New York City Hous. Auth., 236 A.D.2d 170, 173 [1997]). Accordingly, the complaint was properly dismissed as a sanction for plaintiffs having discarded the cable tray before it could be examined...

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