Appellate Division of the Supreme Court of New York, 1979

Sharapata v. Town of Islip

Sharapata v. Town of Islip
Appellate Division of the Supreme Court of New York · Decided March 19, 1979
68 A.D.2d 925; 414 N.Y.S.2d 374; 1979 N.Y. App. Div. LEXIS 11178
Sharapata v. Town of Islip

Opinion of the Court

In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Suffolk County, dated August 21, 1978, which directed it to produce for discovery and inspection certain documents including communications which were made prior to the happening of the accident in question. Order affirmed, with $50 costs and disbursements. Special Term correctly held that communications which preceded the happening of the accident do not constitute "Material prepared for litigation” within the purview of CPLR 3101 (subd [d], par 2) (see Abrams v Vaughan & Bushnell Mfg. Co., 37 AD2d 833; Bennett v Troy *926Record Co., 25 AD2d 799; 3A Weinstein-Korn-Miller, NY Civ Prac, par 3101.51). Defendant’s other contentions are also without merit. Titone, J. P., Shapiro, Margett and Martuscello, JJ., concur.

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