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LINK v. METROPOLITAN TRANSPORTATION AUTHORITY

277 A.D.2d 430 (2000)

716 N.Y.S.2d 890

ANN LINK, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 27, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the study of the crossing gate system of the defendant Long Island Railroad, which was conducted by the nonparty, Interactive Elements, Inc., and which the plaintiff sought to obtain through discovery, was not material and necessary in the prosecution of the action (see, CPLR 3101; Allen v Crowell-Collier Publ. Co., 21...

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