43 Misc. 2d 949 | N.Y. Sup. Ct. | 1964
In this action for personal injuries allegedly sustained while plaintiff was a passenger in a bus operated by the defendant New York City Transit Authority, the defendants move pursuant to CPLR 3122 for a protective order vacating a portion of plaintiff’s notice to discover certain records of the defendants. Among the records sought to be discovered are accident reports prepared by the Transit Authority and defendant driver of the bus which were obtained prior to the institution of suit and not in preparation for trial.
The accident herein involving the operation of a bus makes the discovery and inspection of defendant’s rules and regulations concerning operation by its motormen of trains immaterial and unnecessary and accordingly the motion is granted in that respect. The rules and regulations of the Transit Workers Union are immaterial and unnecessary and as to that the motion is granted. In all other respects the motion is denied. Settle order on notice.