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ALBINO v. NEW YORK CITY HOUSING AUTHORITY

52 A.D.3d 321 (2008)

860 N.Y.S.2d 57

TIMOTHY ALBINO et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. (And a Third-Party Action.) NEW YORK CITY HOUSING AUTHORITY, Second Third-Party Plaintiff-Respondent, v. DIMENSION MECHANICAL CORPORATION. Second Third-Party Defendant-Appellant. (And a Fourth-Party Action.)

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

Decided June 12, 2008.

The court correctly limited discovery to post-accident repairs. Evidence of such repairs to the hot water system is discoverable under the limited circumstances before us to show that a particular condition was dangerous (see Longo v Armor El. Co., 278 A.D.2d 127, 129 [2000]; Kaplan v Einy, 209 A.D.2d 248, 252 [1994]), and to identify where Dimension stands in the chain of causation.

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