Del Vecchio v. Danielle Assocs., LLC
Decision Date | 17 April 2012 |
Citation | 94 A.D.3d 941,2012 N.Y. Slip Op. 02834,942 N.Y.S.2d 217 |
Parties | John A. DEL VECCHIO, et al., plaintiffs, v. DANIELLE ASSOCIATES, LLC, defendant third-party plaintiff-appellant, et al., defendant;Saturn of Newburgh, Inc., third-party defendant-respondent(and a second third-party action). |
Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, N.Y. (Patrick J. Lawless and Richard E. Lerner of counsel), for defendant third-party plaintiff-appellant.
Gallagher, Walker, Bianco & Plastaras, Mineola, N.Y. (Michael R. Walker of counsel), for third-party defendant-respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Silber, J.), entered August 26, 2011, as denied that branch of its motion which was to compel the third-party defendant to produce records of repairs made to the subject parking lot following the date of the subject accident.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant third-party plaintiff which was to compel the third-party defendant to produce records of repairs made to the subject parking lot following the date of the subject accident is granted.
In October 2008 the injured plaintiff and his wife, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained by the injured plaintiff when he fell in a parking lot owned by the defendant third-party plaintiff, Danielle Associates, LLC (hereinafter Danielle), and leased by the third-party defendant, Saturn of Newburgh, Inc. (hereinafter Saturn). Insofar as relevant here, the Supreme Court denied that branch of Danielle's motion which was to compel Saturn to produce records of repairs made to the subject parking lot following the date of the subject accident.
CPLR 3101(a) requires full disclosure of all evidence material and necessary in the prosecution or defense of an action ( see Giordano v. New Rochelle Mun. Hous. Auth., 84 A.D.3d 729, 730–731, 922 N.Y.S.2d 518; Kooper v. Kooper, 74 A.D.3d 6, 10, 901 N.Y.S.2d 312). “Evidence of subsequent repairs and remedial measures is not discoverable or admissible in a negligence case unless there is an issue of maintenance or control” ( ...
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Rivera v. Roman Catholic Diocese Brooklyn
...or admissible in a negligence case" (Klatz v. Armor El. Co., 93 A.D.2d 633, 637, 462 N.Y.S.2d 677; see Del Vecchio v. Danielle Assoc., LLC, 94 A.D.3d 941, 942 N.Y.S.2d 217; McConnell v. Santana, 30 A.D.3d 481, 816 N.Y.S.2d 372; Orlando v. City of New York, 306 A.D.2d 453, 761 N.Y.S.2d 528).......
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Reyes-Nunez v. State
...or admissible in a negligence case unless there is an issue of maintenance or control" ( Del Vecchio v. Danielle Assoc. LLC, 94 A.D.3d 941, 942, 942 N.Y.S.2d 217 [2d Dept. 2012] [citing numerous cases]; accord Soto v. CBS Corp. , 157 A.D.3d 740, 741, 69 N.Y.S.3d 61 [2d Dept. 2018] [same; al......
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Guimond v. Vill. of Keeseville
...to prove negligence, it is admissible where, as here, there are issues of control or maintenance ( see Del Vecchio v. Danielle Assoc., LLC, 94 A.D.3d 941, 942, 942 N.Y.S.2d 217 [2012]; Hughes v. Cold Spring Constr. Co., 26 A.D.3d 858, 859, 809 N.Y.S.2d 751 [2006]; DeRoche v. Methodist Hosp.......
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Vaccariello v. Meineke Car Care Ctr., Inc.
...Co., Inc., 38 A.D.3d 329, 832 N.Y.S.2d 180 ), and not to prove the defendant's admission of negligence (see Del Vecchio v. Danielle Assoc., LLC, 94 A.D.3d 941, 942, 942 N.Y.S.2d 217 ; McConnell v. Santana, 30 A.D.3d 481, 482, 816 N.Y.S.2d 372 ; Klatz v. Armor El. Co., 93 A.D.2d 633, 462 N.Y......
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Opening statement
...96 N.Y.S.3d 255 (2d Dept. 2019). Evidence of subsequent repairs was admissible to show control. Del Vecchio v. Danielle Assocs., LLC , 94 A.D.3d 941, 942 N.Y.S.2d 217 (2d Dept. 2012). Evidence of subsequent remedial measures not discoverable. Stolowski v. 234 East 178th Street LLC, et al. ,......
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Opening statement
...96 N.Y.S.3d 255 (2d Dept. 2019). Evidence of subsequent repairs was admissible to show control. Del Vecchio v. Danielle Assocs., LLC , 94 A.D.3d 941, 942 N.Y.S.2d 217 (2d Dept. 2012). Evidence of subsequent remedial measures not discoverable. Stolowski v. 234 East 178th Street LLC , 89 A.D.......
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Opening statement
...may be admitted to demonstrate ownership and control if a proper limiting instruction is given. Del Vecchio v. Danielle Assocs., LLC , 94 A.D.3d 941, 942 N.Y.S.2d 217 (2d Dept. 2012). Evidence of subsequent remedial measures not discoverable. Stolowski v. 234 East 178th Stree LLC, et al. , ......
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Opening statement
...96 N.Y.S.3d 255 (2d Dept. 2019). Evidence of subsequent repairs was admissible to show control. Del Vecchio v. Danielle Assocs., LLC , 94 A.D.3d 941, 942 N.Y.S.2d 217 (2d Dept. 2012). Evidence of subsequent remedial measures not discoverable. Stolowski v. 234 East 178th Street LLC, et al. ,......