Della Valle v. City of Niagara Falls

Defendant appeals from a disclosure order granted to plaintiffs, Claire R. Della Valle, as administratrix of the estate of Joseph John Della Valle, and Inez Frank, as administratrix of the estate of Robert C. Frank. The disclosure is, pursuant to CPLR 3102 (subd [c]), prior to the formal commencement of the action and for the purpose of aiding in drafting a complaint.

Plaintiff Della Valle alleges in her notice of claim filed with defendant City of Niagara Falls that her decedent died as a result of injuries sustained on August 29, 1975 while working in a sewer excavation tunnel on Royal…