Saiia v. City of New York

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 26, 2002, which, in an action for personal injuries allegedly caused by an icy condition in a playground owned and operated by defendant City, denied plaintiffs motion to compel defendant to produce a further witness for examination before trial and further documents for discovery and inspection, unanimously modified, on the facts, to direct defendant to produce for deposition Crew Chief Kelly, and otherwise affirmed, without costs.

Defendant should produce Crew Chief Kelly, who, according to the witness that defendant…