Allen v. Manhattan & Bronx Surface Transit Operating Authority

OPINION OF THE COURT

Lewis R. Friedman, J.

The defendant, Manhattan and Bronx Surface Transit Operating Authority (MABSTOA), has moved to strike this case from the Trial Calendar on the ground that plaintiff has failed *470to comply with outstanding discovery demands. Codefendant City of New York cross-moves seeking similar relief.

MABSTOA seeks the return by plaintiff of an executed copy of the statutory presuit hearing conducted by MABSTOA. The parties agree that the transcript has never been executed. The parties also agree that, since CPLR 3116 is inapplicable to this statutory hearing, the…