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SIMS v. METROPOLITAN TRANSPORTATION AUTHORITY

13741N, 152309/13

123 A.D.3d 496 (2014)

996 N.Y.S.2d 529

2014 NY Slip Op 08589

MELINDA SIMS et al., Respondents, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Appellants.

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

Decided December 9, 2014.

There is no reason to alter the court's discretionary determination that petitioners have potentially viable causes of action for negligence and mishandling of decedent's body, and that the information sought would materially assist them in framing their complaint and identifying prospective defendants (see Walker v Sandberg & Sikorski Corp. Firestone, Inc., 102 A.D.3d 415 [1st Dept 2013]; Matter of Champion v Metropolitan...

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