3103 (not required to create what does not exist) (ok to watch inspection)

Curran v New York City Tr. Auth., 2018 NY Slip Op 03798 [1st Dept. 2018]

Plaintiff failed to demonstrate that she would be prejudiced by defendants' representatives observing and recording her inspection and photographing of the subject bus. Defendants' representatives may be present during the inspection, provided they do not interfere with the examination.

Defendants are not required to create a document, such as a certification of no changes, if none exists, but plaintiff is entitled to discovery regarding any changes to the subject bus from the date of the accident to the date of the inspection.

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