C.B. v. NEW YORK CITY TR. AUTH.

2020-01619. Index No. 710451/16.

219 A.D.3d 1397 (2023)

197 N.Y.S.3d 87

2023 NY Slip Op 04650

C.B. et al., Respondents, v. New York City Transit Authority, Appellant.

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

Decided September 20, 2023.


Attorney(s) appearing for the Case

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

Joseph Soffer , Garden City, NY, for respondents.

Brathwaite Nelson, J.P., Genovesi, Warhit and Voutsinas, JJ., concur.


In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Joseph Risi, J.), entered January 14, 2020. The order, insofar as appealed from, in effect, granted that branch of the plaintiffs' motion which was pursuant to CPLR 3126 to strike the defendant's answer for failure to comply with discovery to the extent of directing the defendant to produce repair-related records for the subject stairway, and...

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