Sims v. Metropolitan Transportation Authority

Order, Supreme Court, New York County (Michael D. Stall-man, 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.