Albano v. Schwab Bros. Trucking, Inc.

-Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: Suit had not been commenced on any of the matters now in litigation at the time the statements sought were made but creditors of defendant Schwab were threatening suit if they were not paid. It appears that counsel was retained by Glens Falls Insurance Co. in contemplation of litigation and that the written statements of Baker and Wykoff requested after consultation with and advice from counsel were obtained in preparation for litigation. The surrounding circumstances negate the idea…