Davis v. Wilson Farms, Inc.
This text of 197 A.D.2d 887 (Davis v. Wilson Farms, 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.
Opinion
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion to compel defendant to disclose an accident report prepared by defendant’s employees and forwarded to the Risks Management Department of defendant’s parent company. The accident report was prepared in the ordinary course of defendant’s business (CPLR 3101 [g]) and defendant failed to prove that the report was not "motivated at least in part by a business concern other than preparation for litigation” (Cal-kins v Perry, 168 AD2d 999; see also, Harris v Processed Wood, 89 AD2d 220, 222). (Appeal from Order of Supreme Court, Erie County, Cosgrove, J.—Discovery.) Present—Green, J. P., Pine, Fallon, Doerr and Davis, JJ.
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Cite This Page — Counsel Stack
197 A.D.2d 887, 604 N.Y.S.2d 839, 1993 N.Y. App. Div. LEXIS 9304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-wilson-farms-inc-nyappdiv-1993.