[DOWNLOAD] "Sallie Bennett Et Al. v. Troy Record Company" by Supreme Court of New York " Book PDF Kindle ePub Free

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eBook details

• Title: Sallie Bennett Et Al. v. Troy Record Company
• Author : Supreme Court of New York
• Release Date : January 29, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appeal from an order of the Supreme Court at Special Term, Albany County, which directed the examination of defendant's insurance carrier in possession of information concerning complaints of previous accidents similar in nature to that alleged by plaintiff in this action. Relying strongly on Finegold v. Lewis (22 A.D.2d 447) and Kandel v. Tocher (22 A.D.2d 513), appellant contends that the records of the insurance company are not the proper subject of disclosure. It further argues, citing Avila Fabrics v. 152 W. 36th St. Corp. (22 A.D.2d 238), that discovery should not be allowed because the insurance carrier is a nonparty witness. We are constrained to disagree. The statute itself, CPLR 3101 (subd. [d], par. 2) which grants immunity to ""any writing or anything created by or for a party or his agent in preparation for litigation"" does not prohibit discovery of material relating to previous claims. In our opinion, the phrase ""in preparation for litigation"" refers exclusively

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