Matter of Steam Pipe Explosion at 41st St. & Lexington Ave.
2016 NY Slip Op 03213 [27 NY3d 985]
April 28, 2016
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 15, 2016


[*1]
In the Matter of Steam Pipe Explosion at 41st Street and Lexington Avenue.

Carrie Tassa, Plaintiff, v Consolidated Edison Inc. et al., Respondents/Third-Party Plaintiffs-Respondents, and Team Industrial Services, Inc., Appellant/Third-Party Defendant-Appellant, et al., Defendant. (And Other Actions.)

Decided April 28, 2016

Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., 127 AD3d 554, affirmed.

APPEARANCES OF COUNSEL

Shaub, Ahmuty, Citrin & Spratt, LLP, New York City (Juan C. Gonzalez and Timothy R. Capowski of counsel), for appellant.

Davis Polk & Wardwell LLP, New York City (Frances E. Bivens of counsel), Douglas J. McKay, New York City, and Clark Gagliardi & Miller, P.C., White Plains, for respondents.

{**27 NY3d at 985} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not abuse its discretion in granting the motion to compel Team Industrial Services, Inc. to produce its file related to another action.

Concur: Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia. Taking no part: Chief Judge DiFiore.