MTA’s costliest delay

Slapped for stalling $30M push-death suit

The MTA has derailed its defense of a $30 million wrongful-death lawsuit — brought by the family of a Queens dad pushed into the path of an oncoming train — potentially making it easier for the kin to collect a hefty verdict.

Last month, homeless drifter Naeem Davis was cleared of criminal responsibility for fatally shoving an inebriated Ki Suck Han in front of a Q train in 2012, after jurors bought his defense that he was trying to protect himself.

But the MTA is still on the hook in a civil suit filed by the victim’s daughter in 2013. And now the tran- sit agency is facing an uphill battle at trial after deliberately delaying the family’s case for years.

Manhattan Supreme Court Justice Kathryn Freed has sanctioned the MTA for blocking Ashley Han’s attorney from deposing train operator Terrence Legree for three years.

The prior judge overseeing the case had first scheduled the deposition for August 2013. It was postponed twice before the MTA’s lawyer said Legree was “on sick leave and thus unable to be deposed.”

After the judge learned that Legree was out sick but “capable of answering questions,” the deposition was set for Dec. 1, 2015. The day before that deposition, the agency’s lawyer said he needed to delay because he had his own doctor’s appointment.

Two weeks later, the attorney asked for yet another adjournment.

By May 2016, the MTA told the judge Legree had been fired over his year-long sick leave.

“Legree now resides in Pennsylvania and refuses to appear for a deposition,” Judge Freed notes in her sanctions ruling.

Freed found the MTA “willfully violated multiple court orders” related to Legree’s deposition. She also cited the agency for “obstructionist tactics,” saying that the agency will face an “adverse-interference instruction” at trial.

An adverse interference can be devastating to any party, particularly in a trial like this, said experienced civil litigator Elizabeth Eilender, who is not involved in the case.

“[It’s] telling the jury that, if this witness testified, their testimony would be adverse or negative” to the MTA, Eilender said.

Ashely Han’s suit accuses Legree of failing to stop the train before it hit her father.

An MTA spokesman said, “We don’t have any comment other than to point out that our lawyers will ask the court to reconsider its decision.”

The family’s lawyer did not respond to a request for comment but has previously blasted the MTA for putting off court dates.