Johnson v. National Railroad Passenger Corp.
Cases that cite this one
11 later published cases cite this decision.
- Fordham Dormitory Tower LLC v. Tress (New York Supreme Court, Bronx County 2025)
- New York City Housing Authority v. Starr Indemnity & Liability Co. (Appellate Division of the Supreme Court of New York 2016)
- Anonymous v. High School for Environmental Studies (Appellate Division of the Supreme Court of New York 2006)
- Alvarado v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2003)
- Coddington v. Lisk (Appellate Division of the Supreme Court of New York 1998)
- Little v. Long Island Jewish Medical Center (Appellate Division of the Supreme Court of New York 1996)
- Lohmann v. Trans World Airlines, Inc. (Appellate Division of the Supreme Court of New York 1994)
- Greene v. Aberle (New York Supreme Court 1991)
- New York State Electric & Gas Corp. v. Lexington Insurance (Appellate Division of the Supreme Court of New York 1990)
- Flower Cart, Inc. v. Jacqueline Fackovec (Appellate Division of the Supreme Court of New York 1990)
- Rothstein v. City University (N.Y. Ct. Cl. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (H. Schwartz, J.), entered September 16,1980, which granted leave to reargue but adhered to the original determination of July 1, 1980, which denied the motion of defendants-appellants Metropolitan Transportation Authority and Long Island Railroad Company to require supplementation of certain items of plaintiff-respondent’s bill of particulars, unanimously modified, on the law and the facts, to require plaintiff to specify the statutes, rules and regulations defendants are alleged to have violated (Item No. 4), and otherwise affirmed, without costs. Order, Supreme Court, New York County (Greenfield, J.), entered January 27, 1981, which denied defendant’s motion insofar as it sought to compel plaintiff to provide several authorizations to obtain medical, employment and school records of plaintiff, unanimously reversed, to the extent appealed from, on the law and the facts, to grant motion in its entirety, without costs. Plaintiff, 18 years of age, was severely injured when he came into contact with a live overhead electric “catenary” wire, running above a railroad car in Pennsylvania Station. This allegedly occurred when plaintiff attempted to climb over a parked train, apparently to avoid having to climb up and down stairs to cross to another platform. Plaintiff has alleged, inter alia, violation by defendants of statutes, rules and regulations, without specifying same. “In tort actions, where a statutory violation is being asserted, it is incumbent upon the suing party to identify the particular statute, law, ordinance, rule or regulation claimed to have been violated” (Flynn v Mario & Di Bono Plastering Co., 52 AD2d 809). The authorizations sought by defendants for medical, employment and school records are for information which is material and necessary to the defense of this action (CPLR 3101). The words “material and necessary” are to be interpreted liberally to require disclosure of any facts which will assist the good faith preparation for trial (Allen v Crowell-Collier Pub. Co., 21 NY2d 403). Concur — Sullivan, J. P., Carro, Silverman and Bloom, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.