Bush v. E. H. Cottrell, Inc.

Appellate Division of the Supreme Court of New York

Bush v. E. H. Cottrell, Inc.

33 A.D.2d 983, 307 N.Y.S.2d 284, 1970 N.Y. App. Div. LEXIS 5750

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1970

StatusPublished

Cited by3 cases

This text of 33 A.D.2d 983 (Bush v. E. H. Cottrell, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bush v. E. H. Cottrell, Inc., 33 A.D.2d 983, 307 N.Y.S.2d 284, 1970 N.Y. App. Div. LEXIS 5750 (N.Y. Ct. App. 1970).

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Opinion

Order unanimously reversed, without costs, and motion denied. Memorandum: The information gathered by plaintiffs’ attorney, consisting of statements made by an automobile mechanic who examined a ear owned by one of the plaintiffs, is material prepared for litigation. However, since it can no longer be duplicated and withholding it would result in injustice or undue hardship to the defendant, the plaintiffs should be required to produce it. (CPLR 3101, subd, [d]; cf. Clarke v. First Presbyterian Church of East Aurora, 30 A D 2d 763, Brunswick Corp. v. Aetna Cas. & Sur. Co., 27 A D 2d 182.) (Appeal from order of Erie Special Term vacating notice to discover and inspect.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.

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Order unanimously reversed, without costs, and motion denied. Memorandum: The information gathered by plaintiffs’ attorney, consisting of statements made by an automobile mechanic who examined a ear owned by one of the plaintiffs, is material prepared for litigation. However, since it can no longer be duplicated and withholding it would result in injustice or undue hardship to the defendant, the plaintiffs should be required to produce it. (CPLR 3101, subd, [d]; cf. Clarke v. First Presbyterian Church of East Aurora, 30 A D 2d 763, Brunswick Corp. v. Aetna Cas. & Sur. Co., 27 A D 2d 182.) (Appeal from order of Erie Special Term vacating notice to discover and inspect.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

33 A.D.2d 983, 307 N.Y.S.2d 284, 1970 N.Y. App. Div. LEXIS 5750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-e-h-cottrell-inc-nyappdiv-1970.

Opinion

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