Fernandez v. Higdon Elevator Co.

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about December 9, 1994, which, inter alia, required defendant to produce records of post-accident repairs and inspections, unanimously reversed insofar as appealed from, on the law, without costs, and said direction vacated.

It is well settled that evidence concerning post-accident repairs is generally inadmissible absent certain exceptions and is never admissible as proof of admission of negligence (Kaplan v Einy, 209 AD2d 248 , 252). The only exceptions to the general rule arise (1) when there is an issue of control or (2) when plaintiff has alleged a defect in manufacture (Scudero v Campbell, 288 NY 328 ). Neither exception is applicable here.