Legal Opinion
Cleland v. 60-02 Woodside Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 1995PublishedCited by 18 opinions
1Opinion of the Court
—In an action to recover *308damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dye, J.), dated June 29, 1994, which denied their motion to preclude the defendants from offering evidence at trial as to the condition of a stairway and/or stoop at the time the plaintiff Mark Cleland allegedly fell and injured himself.
Ordered that the order is affirmed, with costs.
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 (see, Niemann v Luca,…
2Cases cited3 opinions
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Cacciolo v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1992
- Niemann v. LucaAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by18 opinions
- David v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Del Vecchio v. Danielle Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Winne v. Town of DuanesburgAppellate Division of the Supreme Court of the State of New York · 2011
- DeRoche v. Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- Maiorani v. Adesa Corp.Appellate Division of the Supreme Court of the State of New York · 2011
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