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ANGEROME v. CITY OF NEW YORK

Appellate Division of the Supreme Court of New York, Second Department.
Mar 31, 1997

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

Evidence of post-accident repairs and remedial measures is not discoverable or admissible in a negligence case unless there is an issue of maintenance or control ( see, Cleland v 60-02 Woodside Corp., 221 AD2d 307, 308; Klatz v Armor El. Co., 93 AD2d 633). Since the respondents admit that they maintained and controlled the subject traffic light, the plaintiff is not entitled to the post-accident information sought in items C, D, and E of the discovery rider.