Wheeler v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered on or about August 27, 1999, which, in an action for personal injuries sustained in a fall down stairs leading into a subway station, insofar as appealed from as limited by defendant and third-party plaintiff Transit Authority’s brief, granted third-party defendant contractor’s cross motion to preclude the Transit Authority from offering testimony at trial as to liability, unanimously affirmed, without costs.

Precluding the Transit Authority from offering any testimony on the issue of liability was an appropriate sanction…