Dehaney v. New York City Transit Authority

OPINION OF THE COURT

Doris Ling-Cohan, J.

This is an action for damages for personal injuries allegedly sustained due to a falling wood slab from a passing subway train. Pursuant to CPLR 3126, plaintiffs move, inter alia, to strike defendant’s answer for failing to produce a witness for examination before trial in accordance with a preliminary conference order dated February 2, 1995. Defendant has cross-moved to compel plaintiffs to provide various authorizations for medical records and formal responses to its discovery demands.

This motion and cross motion present three issues for disposition:…