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KOZIARZ v. NEW YORK CITY TRANSIT AUTHORITY

40 A.D.3d 412 (2007)

836 N.Y.S.2d 127

MATTHEW KOZIARZ, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided May 17, 2007.

The court exercised its discretion improvidently in denying defendant's motion. There is no evidence that defendant's failure to turn over the trip sheet was willful or in bad faith, or that plaintiff will be prejudiced by the late disclosure, and denying defendant permission to supplement its discovery response by turning over the trip sheet effectively precluded evidence from the only independent eyewitnesses to the accident ...

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