A judge was “too harsh” when she denied Consolidated Edison Inc.’s request for the litigation files of a contractor in the massive steam pipe explosion that rocked midtown Manhattan in July 2007, a sharply divided panel of the Appellate Division, First Department, ruled Tuesday.
The 3-2 majority in In re Steam Pipe Explosion at 41st Street and Lexington Avenue, 768000/08E, said it was “not concerned with the ultimate admissibility of the evidence at trial, but with the discovery of information concerning the prior incident, as to which a more liberal standard applies.”
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