LAU v. NEW YORK CITY TR. AUTH.

Index No. 156116/15. Appeal No. 15044. Case No. 2021-02965.

201 A.D.3d 470 (2022)

156 N.Y.S.3d 843

2022 NY Slip Op 00127

Henry Lau, Appellant, v. New York City Transit Authority, Respondent.

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

Decided January 11, 2022.


Attorney(s) appearing for the Case

Roth & Roth LLP, New York ( Elliot Shields of counsel), for appellant.

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondent.

Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.


The order to disclose information relating solely to accidents that involved the specific subway train car at issue and that occurred on the platform where plaintiff's accident occurred is unduly restrictive. Information about prior incidents in which a passenger was injured when a subway door closed on him or her anywhere in the New York City subway system may be material and necessary to defendant's notice of the alleged dangerous condition and its duties and obligations...

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