Albino v. New York City Housing Authority, 3921N.
| Decision Date | 12 June 2008 |
| Docket Number | 3921N.,3921NB.,3921NA. |
| Parties | TIMOTHY ALBINO et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant. (And a Third-Party Action.) NEW YORK CITY HOUSING AUTHORITY, Second Third-Party Plaintiff-Respondent, v. DIMENSION MECHANICAL CORPORATION. Second Third-Party Defendant-Appellant. (And a Fourth-Party Action.) |
| Court | New York Supreme Court — Appellate Division |
The court correctly limited discovery to post-accident repairs. Evidence of such repairs to the hot water system is discoverable under the limited circumstances before us to show that a particular condition was dangerous (see Longo v Armor El. Co., 278 AD2d 127, 129 [2000]; Kaplan v Einy, 209 AD2d 248, 252 [1994]), and to identify where Dimension stands in the chain of causation.
No appeal lies as of right from an order deferring determination of a motion to compel discovery until after in camera review, because such an order does not affect a substantial right within the meaning of CPLR 5701 (a) (2) (v) (Marriott Intl. v Lonny's Hacking Corp., 262 AD2d 10 [1999]). Were we to consider that order, we would affirm.
To continue reading
Request your trial
-
Reyes-Nunez v. State
...777 [1st Dept. 2000] ), as well as to show that a "particular condition was dangerous" (see Albino v. New York City Hous. Auth. , 52 A.D.3d 321, 321, 860 N.Y.S.2d 57 [1st Dept. 2008] ). Claimant here does not suggest that there is any dispute as to CUNY's control over the workshop or equipm......
-
Caporale v. 860 River LLC, Index No. 111150/2011
...the source of the malfunction and show the elevator's condition when its door fell on plaintiff. Albino v. New York City Hous. Auth., 52 A.D.3d 321 (1st Dep't 2008); Francklin v. New York El. Co., Inc., 38 A.D.3d 329 (1st Dep't 2007); Mercado v. St. Andrews Hous. Dev. Fund Co., 289 A.D.2d 1......
-
Henneberry v. Borstein
...v. Montefiore Med. Ctr. , 209 A.D.2d 208, 209, 617 N.Y.S.2d 775 [1st Dept. 1994] ; see also Albino v. New York City Hous. Auth. , 52 A.D.3d 321, 321–322, 860 N.Y.S.2d 57 [1st Dept. 2008] ; Patterson v. Turner Constr. Co. , 88 A.D.3d 617, 618, 931 N.Y.S.2d 311 [1st Dept. 2011] ). We decline ......
-
Henneberry v. Borstein
...Garcia v. Montefiore Med. Ctr., 209 A.D.2d 208, 209, 617 N.Y.S.2d 775 [1st Dept. 1994] ; see also Albino v. New York City Hous. Auth., 52 A.D.3d 321, 321–322, 860 N.Y.S.2d 57 [1st Dept. 2008] ; Patterson v. Turner Constr. Co., 88 A.D.3d 617, 618, 931 N.Y.S.2d 311 [1st Dept. 2011] ). We decl......