RIVERA v. CITY OF NEW YORK


61 A.D.3d 521 (2009)

875 N.Y.S.2d 896

ESTHER RIVERA, Plaintiff, v. CITY OF NEW YORK et al., Defendants, NEW YORK CITY TRANSIT AUTHORITY, Appellant, and CAB ASSOCIATES, Respondent.

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

Decided April 16, 2009.


The motion court providently exercised its discretion in ruling that the test boring project, its related documents, and the testimony of the NYCTA's project manager for the test boring project was relevant to this action arising from plaintiff's trip and fall on the metal cap and plywood sheet which covered the boring hole (see e.g. Daniels v City of New York, 291 A.D.2d 260 [2002]). The documents and testimony are relevant to resolving...

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