Jones v. Lefrance Leasing Ltd. P'ship

• Decision Date: 22 February 2011
• Citation: Jones v. Lefrance Leasing Ltd. P'ship, 917 N.Y.S.2d 261, 81 A.D.3d 900 (N.Y. App. Div. 2011)
• Parties: Janice JONES, etc., et al., respondents-appellants, v. LEFRANCE LEASING LIMITED PARTNERSHIP, et al., appellants-respondents.
• Court: New York Supreme Court — Appellate Division

917 N.Y.S.2d 261

81 A.D.3d 900

Janice JONES, etc., et al., respondents-appellants,

v.LEFRANCE LEASING LIMITED PARTNERSHIP, et al., appellants-respondents.

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

Feb. 22, 2011.

Bivona & Cohen, P.C., New York, N.Y. (Andrew Sapon and Curtis B. Gilfillan of counsel), for appellants-respondents LeFrance Leasing Limited Partnership and Mid State Management Corporation.

Geringer & Dolan LLP, New York, N.Y. (John A. McCarthy of counsel), for appellant-respondent Alliance Elevator Company.

Gary B. Pillersdorf & Associates, P.C., New York, N.Y. (Paul A. Haydt of counsel), for respondents-appellants.

ANITA R. FLORIO, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, and PLUMMER E. LOTT, JJ.

In an action to recover damages for personal injuries, etc., (1) the defendant Alliance Elevator Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated March 12, 2010, as granted that branch of its motion which was pursuant to CPLR 3126 to strike the complaint, or to unconditionally preclude the plaintiffs from introducing evidence concerning "all witnesses with regard to plaintiffs' claim of support (economic, monetary or otherwise) provided to any distributee," or to compel the plaintiffs to disclose the names and addresses of those witnesses, only to the extent of directing the plaintiffs to provide "a list of all family members who are witnesses," in effect, denied that branch of its separate motion which was pursuant to CPLR 3126 to unconditionally preclude the plaintiffs from introducing evidence concerning item numbers 7, 8, 9, 10, and 11 of their thirdsupplemental bill of particulars and denied those branches of that separate motion which were pursuant to CPLR 3124 to compel the plaintiffs to respond to item number 2 of its discovery demand dated December 9, 2009, and to compel the defendants LeFrance Leasing Limited Partnership and Mid State Management Corporation to respond to its discovery demand dated October 20, 2009, and granted that branch of the plaintiffs' cross motion which was pursuant to CPLR 3124 to compel it to produce records for all elevators installed in buildings in LeFrak City involving accidents similar to the subject accident for two years prior to the subject accident and all recordsfor all elevators involving the installation of "kick stops" within a specified period of time, (2) the defendants LeFrance Leasing Limited Partnership and Mid State Management Corporation separately appeal, as limited by their brief, from so much of the same order as granted that branch of the plaintiffs' cross motion which was pursuant to CPLR 3124 to compel them to disclose the maintenance and repair records for the subject elevator for the two years preceding the subject accident, and (3) the plaintiffs cross-appeal, as limited by their brief, from so much of the same order as denied that branch of their cross motion which was pursuant to CPLR 3124 to compel the defendants to provide the repair and maintenance records of all of the elevators in Lefrak City for two years prior to the subject accident.

ORDERED that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of the defendant Alliance Elevator Company which was pursuant to CPLR 3126 to strike the complaint, or to unconditionally preclude the plaintiffs from introducing evidence concerning "all witnesses with regard to plaintiffs' claim of support (economic, monetary or otherwise) provided to any distributee," or to compel the plaintiffs to disclose the names and addresses of those witnesses, only to the extent of directing the plaintiff to provide "a list of all family members who are witnesses," and substituting therefor a provision granting that branch of the motion to the extent of directing the plaintiffs to provide that defendant with the names and addresses of "all witnesses with regard to plaintiffs' claim of support (economic, monetary or otherwise) provided to any distributee," (2) by deleting the provision thereof denying that branch of the separate motion of the defendant Alliance Elevator Company which was pursuant to CPLR 3126 to unconditionally preclude the plaintiffs from introducing evidence concerning item numbers 8 and 9 of the plaintiffs' third supplemental bill of particulars, and substituting therefor a provision granting that branch of the motion to the extent of precluding the plaintiffs from introducing evidence concerning those items unless the plaintiffs serve a further bill of particulars with respect to those items, and (3) by deleting the provision thereof denying that branch of the separate motion of the defendant Alliance Elevator Company which was pursuant to CPLR 3124 to compel the defendants LeFrance Leasing Limited Partnership and Mid State Management Corporation to respond to its discovery demand dated October 20, 2009, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements; and it is further, ORDERED that the plaintiffs shall provide the defendant Alliance Elevator Company with the names and addresses of "all witnesses with regard to plaintiffs' claim of support (economic, monetary or otherwise) provided to any distributee" and serveupon that defendant a...