Mangual v. New York City Transit Authority

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered August 28, 2006, which, in an action for personal injuries, denied plaintiffs motion to strike defendant’s answer or to strike the answer unless defendant produced a design engineer for deposition, and sua sponte precluded both parties from using a design engineer at trial and directed defendant to produce a cleaner who has knowledge of the staircase where the accident occurred for deposition, unanimously modified, on the law and the facts, to vacate the preclusion order, and otherwise affirmed, without costs.

The court…