Sims v Metropolitan Transp. Auth.
2014 NY Slip Op 08589 [123 AD3d 496]
December 9, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2015


[*1]
 Melinda Sims et al., Respondents,
v
Metropolitan Transportation Authority et al., Appellants.

Wallace D. Gossett, Brooklyn, for appellants.

Norman A. Kaplan, Great Neck, for respondents.

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered on or about June 3, 2013, which, to the extent appealed from as limited by the briefs, granted petitioners' application for pre-action disclosure of records of "mechanical malfunctions with respect to the movement [and/or] stopping of trains" operating on certain subway tracks within a specified 13-hour period, unanimously affirmed, without costs.

There is no reason to alter the court's discretionary determination that petitioners have potentially viable causes of action for negligence and mishandling of decedent's body, and that the information sought would materially assist them in framing their complaint and identifying prospective defendants (see Walker v Sandberg & Sikorski Corp. Firestone, Inc., 102 AD3d 415 [1st Dept 2013]; Matter of Champion v Metropolitan Tr. Auth., 70 AD3d 587 [1st Dept 2010]; CPLR 3102 [c]). Concur—Mazzarelli, J.P., Renwick, Andrias, Saxe and Kapnick, JJ.