The petition is denied to the extent that it seeks a pre-action order to preserve and disclose video camera recordings taken on the bus involved in petitioner's trip-and-fall. The petition demonstrates that petitioner knows the date of the accident, the place of the accident, the individuals or entities involved in the accident, and the alleged cause of the accident. Therefore, she is in possession of facts sufficient to frame her complaint, and the only purpose of reviewing the video camera recordings would be to explore whether there are additional causes of action or alternative theories of liability. This is not a proper purpose for invoking the statute.
Matter of White v. New York City Tr. Auth., NY Slip Op 05805 (1st Dep't October 21, 2021)
