Lekutanovic v. City of New York
Opinion of the Court
Order, Supreme Court, Bronx County (Stanley Green, J.), entered
There was no justification for granting summary judgment to the municipal defendant before it had complied with plaintiffs’ discovery demands. Those demands were reasonable and met with no objection. The motion to strike was made fully a year after the City had initially agreed to produce its records. Those records might or might not reveal a hazard at the location of the accident, which could raise a question as to the necessity of a more appropriate safety design. In light of the incomplete state of the record, summary judgment was premature (Johnson v Fuller Co., 235 AD2d 348). Concur— Rosenberger, J. P., Tom, Wallach, Rubin and Saxe, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.