Castellano v. Mainco Elevator & Electrical Corp.

In an action to recover damages for personal injuries, etc., the defendant appeals from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated June 18, 2001, as granted that branch of the plaintiffs’ motion which was pursuant to CPLR 3126 to preclude it from offering any testimony at trial regarding the maintenance, service, or repair of the subject elevator.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and that branch of the plaintiffs’ motion which was pursuant to CPLR 3126 to preclude the defendant from offering…