Bryan v. America West Airlines

OPINION AND ORDER

GERSHON, District Judge.

Respondent America West Airlines (“AWA”) has removed to this court a state court petition for pre-action disclosure. Petitioner George Bryan was injured in a trip and fall accident on an aircraft owned by AWA, while employed as a baggage handler for Globeground North America. In contemplation of a potential lawsuit, Bryan sought to obtain pre-action discovery from AWA, pursuant to New York Civil Practice Law and Rules (“CPLR”) § 3102(c), which states, in relevant part, that, prior to commencing an action, “disclosure to aid in bringing an action ...…