Fernandez v. Higdon Elevator Co.

Oct 17, 1995
Versions:220 A.D.2d 293
632 N.Y.S.2d 546
1995 N.Y. App. Div. LEXIS 10209

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about December 9, 1994, which, inter alia, required defendant to produce records of post-accident repairs and inspections, unanimously reversed insofar as appealed from, on the law, without costs, and said direction vacated.

It is well settled that evidence concerning post-accident repairs is generally inadmissible absent certain exceptions and is never admissible as proof of admission of negligence (Kaplan v Einy, 209 AD2d 248, 252). The only exceptions to the general rule arise (1) when there is an issue of control or (2) when plaintiff has alleged a defect in manufacture (Scudero v Campbell, 288 NY 328). Neither exception is applicable here.

Accordingly, it was error to require defendant to produce the records in question. Concur—Sullivan, J. P., Ellerin, Kupferman, Ross and Tom, JJ.