Montag v. Young Men's Christian Ass'n

OPINION OF THE COURT

John R. Tenney, J.

In this case, the right to examine statements or reports made by an insured to an insurance company is placed at issue. There are three written reports involved. One is a note allegedly sent by an employee to the defendant’s executive director. Since the affidavits indicate that this note is not available, it will not be considered in this proceeding. The other two statements were prepared at the insistence of the defendant’s insurance carrier. Thus, in this case there is brought into issue an apparent conflict between CPLR 3101 (subd [d]) and 3101 (subd…