Sharapata v. Town of Islip

Appellate Division of the Supreme Court of New York

Sharapata v. Town of Islip

68 A.D.2d 925, 414 N.Y.S.2d 374, 1979 N.Y. App. Div. LEXIS 11178

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

DecidedMarch 19, 1979

StatusPublished

This text of 68 A.D.2d 925 (Sharapata v. Town of Islip) 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

Sharapata v. Town of Islip, 68 A.D.2d 925, 414 N.Y.S.2d 374, 1979 N.Y. App. Div. LEXIS 11178 (N.Y. Ct. App. 1979).

Pincite

Opinion

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 [926]*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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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 [926]*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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Bluebook (online)

68 A.D.2d 925, 414 N.Y.S.2d 374, 1979 N.Y. App. Div. LEXIS 11178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharapata-v-town-of-islip-nyappdiv-1979.

Opinion

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