SAMANTHA JAGOPAT, plfres, v. THE CITY OF NEW YORK, def-ap

10768N. SAMANTHA JAGOPAT, plfres, v. THE CITY OF NEW YORK, def-ap — Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for ap — Chopra & Nocerino, LLP, New York (Alex Nocerino of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 25, 2012, as modified by order entered August 9, 2012, which, to the extent appealed from, directed respondent City of New York to conduct a Department of Transportation records search for the entire length of the Bruckner Expressway in both directions, including 311 complaints for the same geographical span, and to produce for deposition a witness with knowledge as to the aforementioned search by September 7, 2012, unanimously reversed, on the law and the facts, without costs, and those provisions stricken from the order.

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10768N. SAMANTHA JAGOPAT, plfres, v. THE CITY OF NEW YORK, def-ap — Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for ap — Chopra & Nocerino, LLP, New York (Alex Nocerino of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 25, 2012, as modified by order entered August 9, 2012, which, to the extent appealed from, directed respondent City of New York to conduct a Department of Transportation records search for the entire length of the Bruckner Expressway in both directions, including 311 complaints for the same geographical span, and to produce for deposition a witness with knowledge as to the aforementioned search by September 7, 2012, unanimously reversed, on the law and the facts, without costs, and those provisions stricken from the order.

In this action for personal injuries, plaintiff alleges that she was injured on March 27, 2004, while traveling southbound on the Bruckner Expressway at or near the intersection of Soundview Avenue when the motor vehicle she was operating struck an open or missing steel storm drain/ grate and crashed into a concrete barrier wall. She commenced this action against defendant City which owns and maintains the Bruckner Expressway, including the storm grates embedded in the roadway. After plaintiff moved to strike the City’s answer for failing to respond to her discovery demands, the motion court issued an interim order dated April 25, 2012, directing the City to perform, inter alia, a search of the records maintained by the New York City Department of Transportation (DOT) for the entire length of the Bruckner Expressway, in both directions, including 311 complaints for the same geographical span, for a time period of two years prior to and including the date of the accident, and to produce a witness with knowledge as to the aforementioned DOT search.

SAMANTHA JAGOPAT, plfres, v. THE CITY OF NEW YORK, def-ap

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