[Download] "Carolyn Vernet Et Al. v. Stewart E. Gilbert Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Carolyn Vernet Et Al. v. Stewart E. Gilbert Et Al.
- Author : Supreme Court of New York
- Release Date : January 29, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
In a medical malpractice action to recover damages for personal injuries, etc., defendants appeal from an order of the Supreme Court, Nassau County (Murphy, J.), dated March 8, 1982, which denied their motion to vacate plaintiffs notice for discovery and inspection of accident reports made to their medical malpractice insurance carrier and/or their representatives with respect to plaintiffs claim. Order reversed, with $50 costs and disbursements, and motion granted. Any written "accident and/or incident reports" which may have been made by the defendants "to their malpractice insurance carrier and/or their representatives with respect to the [underlying] claim," constitute, at the minimum, materials prepared for litigation and are conditionally exempt from disclosure under CPLR 3101 (subd [d]) (Kandel v Tocher, 22 A.D.2d 513; Finegold v Lewis, 22 A.D.2d 447). Pataki v Kiseda 80 A.D.2d 100, mot for lv to app dsmd 54 N.Y.2d 831) and Chaplin v Pathmark Supermarkets (107 Misc. 2d 541) are not to the contrary, as both concerned the discoverability of "any [90 A.D.2d 846 Page 847]
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