Opinion
December 9, 1999
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered June 8, 1998, which, in a personal injury action, compelled defendant to comply with certain outstanding discovery and, in connection therewith, directed that the parties set a date for an expert's inspection of an allegedly defective subway car panel, unanimously affirmed, without costs.
Jamie Persky for Plaintiff-Respondent.
Anita Isola for Defendant-Appellant.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, RUBIN, JJ.
The motion court properly exercised its discretion when it entertained and granted plaintiff's application for inspection of the subway panel that allegedly struck and injured plaintiff (see, CPLR 2214, 3101 PLR N.Y.CPLR, 3120 N.Y.CPLR;Shanty Hollow Corp. v. Poladian, 23 A.D.2d 132, affd 17 N.Y.2d 536).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.