Glaser v. City of New York

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered June 11, 2009, which, in an action for personal injuries sustained as a result of a trip and fall on an alleged roadway defect, denied plaintiff’s motion to strike defendants-respondents’ answer for failure to produce records related to street repairs and/or defects, unanimously affirmed, without costs.

The motion court properly found that the City defendants (the City) did not engage in willful and contumacious conduct in failing to produce records reflecting a street repair made at the location of injured plaintiff’s fall (see…