Niemann v. Luca

In an action to recover damages for personal injuries, the defendant Town of Smithtown, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated January 31, 1994, as directed it to provide discovery and inspection of postaccident repairs and remedial measures.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, by deleting therefrom the provision directing the Town of Smithtown to provide discovery and inspection of postaccident repairs and remedial measures.

Evidence of subsequent repairs and remedial…