Thomas Molyneaux and his wife filed a negligence case against the New York City Police Department.
The Molyneauxs had been rear-ended by a garbage truck and were supposedly told by an officer at the scene to remain in their car while he obtained the name and information of the truck's owner and driver. He also supposedly informed the couple that an accident report would be available at the 52nd Precinct.
The Molyneauxs later learned there was no record of the incident, leaving them with no identifying information.
When the City failed to comply with a discovery order, the Bronx County Supreme Court granted relief in Molyneauxs' favor. On appeal, the Appellate Division, First Department, thought the City's noncompliance hadn't been deliberate and that there was nothing in the record showing that the parties had made a good-faith effort to address their discovery differences prior to the lower court's involvement.
Looks like the City dodged another collision.
To view a copy of the Appellate Division's decision, please use this link: Molyneaux v. City of New York