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KLEIN v. NEW YORK CITY TR. AUTH.

156065/18. 595592/19. 595179/20. Appeal No. 15068-15068A. Case No. 2020-04780. 2020-04789.

201 A.D.3d 501 (2022)

156 N.Y.S.3d 852

2022 NY Slip Op 00250

Rachel Ellen Klein, Appellant, v. New York City Transit Authority, Respondent. (And Third-Party Actions.).

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

Michael H. Klein, LLC, West Hempstead ( Michael H. Klein of counsel), for appellant.

Newman Law Associates PLLC, New York ( Jon E. Newman of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

We reject NYCTA's argument that we should dismiss plaintiff's appeal as moot. We note that NYCTA responded to plaintiff's motion to compel and simultaneously produced additional documents. We cannot determine whether NYCTA has satisfied its discovery obligations through responses submitted subsequent to the orders on appeal. The issue of whether NYCTA is now in compliance must be decided by Supreme Court in the first instance.

To this end, Supreme Court providently...

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