Alabadla v. New York City Transit Authority

Judgment, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 12,1999, upon a jury verdict in favor of defendants dismissing the complaint, unanimously affirmed, without costs.

Assuming, arguendo, that defendants violated a pre-trial discovery order by failing to notify plaintiffs of their intent to call Felicia Finch, a token booth clerk who worked in the subway station where plaintiff Najeeb Alabadla slipped and fell, but did not actually witness either the accident or the alleged hazardous condition, the trial court nevertheless properly exercised its discretion in permitting…