Koziarz v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered June 19, 2006, which denied defendant’s motion to supplement its response to plaintiffs discovery demand by turning over a “trip sheet” containing the names of two witnesses, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

*413The court exercised its discretion improvidently in denying defendant’s motion. There is no evidence that defendant’s failure to turn over the trip sheet was willful or in bad faith, or that plaintiff will be prejudiced by the late…