Del Vecchio v. Danielle Associates, LLC
Cases that cite this one
12 later published cases cite this decision.
- Graham v. Kone, Inc. (Appellate Division of the Supreme Court of New York 2015)
- Soto v. CBS Corp. (Appellate Division of the Supreme Court of New York 2018)
- Errazuri v. E Food Supermarket, Inc. (Appellate Division of the Supreme Court of New York 2024)
- Mesoraca v. Parking Servs. Plus, Inc. (Appellate Division of the Supreme Court of New York 2024)
- C.B. v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2023)
- Vidal v. City of New York (Appellate Division of the Supreme Court of New York 2021)
- Wiski v. Verizon N.Y., Inc. (Appellate Division of the Supreme Court of New York 2020)
- Vaccariello v. Meineke Car Care Center, Inc. (Appellate Division of the Supreme Court of New York 2016)
- Guimond v. Village of Keeseville (Appellate Division of the Supreme Court of New York 2014)
- Guimond v. Village of Keeseville (Appellate Division of the Supreme Court of New York 2014)
- ACG Credit Company II, LLC v. Hearst (Appellate Division of the Supreme Court of New York 2013)
- ACG Credit Company II, LLC v. Hearst (Appellate Division of the Supreme Court of New York 2013)
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
In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Silber, J), entered August 26, 2011, as denied that branch of its motion which was to compel the third-party defendant to produce records of repairs made to the subject parking lot following the date of the subject accident.
In October 2008 the injured plaintiff and his wife, suing derivatively, commenced this action to recover damages for personal injuries allegedly sustained by the injured plaintiff when he fell in a parking lot owned by the defendant/third-party plaintiff, Danielle Associates, LLC (hereinafter Danielle), and leased by the third-party defendant, Saturn of Newburgh, Inc. (hereinafter Saturn). Insofar as relevant here, the Supreme Court denied that branch of Danielle’s motion which was to compel Saturn to produce records of repairs made to the subject parking lot following the date of the subject accident.
CPLR 3101 (a) requires full disclosure of all evidence material and necessary in the prosecution or defense of an action (see Giordano v New Rochelle Mun. Hous. Auth., 84 AD3d 729, 730-731 [2011]; Kooper v Kooper, 74 AD3d 6, 10 [2010]). “Evidence of subsequent repairs and remedial measures is not discoverable or admissible in a negligence case unless there is an issue of maintenance or control” (Cleland v 60-02 Woodside Corp., 221 AD2d 307, 308 [1995]; see Hughes v Cold Spring Constr. Co., 26 AD3d 858, 859 [2006]; Niemann v Luca, 214 AD2d 658 [1995]; Cacciolo v Port Auth. of N.Y. & N.J., 186 AD2d 528, 530 [1992]; Klatz v Armor El. Co., 93 AD2d 633, 637 [1983]).
Here, the material sought by Danielle may be relevant in determining which entity maintained and controlled the area where the accident allegedly occurred. Thus, such material is properly subject to disclosure. Accordingly, the Supreme Court should have granted that branch of Danielle’s motion which was to compel Saturn to produce records of repairs made to the subject parking lot following the date of the subject accident (see Hughes v Cold Spring Constr. Co., 26 AD3d at 859; DeRoche v Methodist Hosp. of Brooklyn, 249 AD2d 438, 439 [1998]). Rivera, J.P., Chambers, Roman and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.