Naiman v. Niagara Falls Insurance

Appellate Division of the Supreme Court of New York

Naiman v. Niagara Falls Insurance

283 A.D. 1016, 131 N.Y.S.2d 241

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

DecidedJune 8, 1954

StatusPublished

Cited by13 cases

This text of 283 A.D. 1016 (Naiman v. Niagara Falls Insurance) 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

Naiman v. Niagara Falls Insurance, 283 A.D. 1016, 131 N.Y.S.2d 241 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam.

Special Term has ruled that the defendant’s answer was to be stricken unless it produced certain reports made by a firm of investigators, which it engaged to ascertain the facts concerning the validity of plaintiff’s claim for loss under a theft policy.

We consider such a report of an investigation made after the claim for loss was presented, and for the purpose of aiding defendant in preparing its defense, to be a document which is not subject to inspection by plaintiff on an examination of defendant before trial. It would not be competent as evidence to support plaintiff’s claim, and may not be the subject of compulsory disclosure before trial.

Irrespective of whether the rulings made on the examination are appealable, the present order may be treated as one striking the answer and is, therefore, appealable.

The order appealed from should be reversed, with $20 costs and disbursements, and motion denied.

Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied.

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