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Saccente v. Toterhi

35 A.D.2d 692, 314 N.Y.S.2d 593, 1970 N.Y. App. Div. LEXIS 3833
Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1970·Published·Cited by 14 cases

Opinion

Concur — Capozzoli, J. P., Nunez and Tilzer, JJ.; Markewich and McNally, JJ., dissent in the following memorandum by McNally, J.: I would deny the discovery. The photographs of the plaintiff in question were taken by a representative of the defendants’ insurance carrier a short time after the accident. Plaintiffs in tort actions are not entitled to obtain the product of investigations on accidents by automobile liability insurers in preparation for the handling of 1 claims against their insureds. No special circumstances are alleged. There is no showing of prejudice. Plaintiff could have obtained photographs himself if he so desired and may testify as to his appearance and condition at any time after the occurrence as well as at the time the photographs were taken. (Kandel v. Tocher, 22 A D 2d 513.)

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Saccente v. Toterhi, 35 A.D.2d 692, 314 N.Y.S.2d 593, 1970 N.Y. App. Div. LEXIS 3833 (N.Y. Ct. App. 1970).

35 A.D.2d 692 (Saccente v. Toterhi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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