Bennett v. Troy Record Co.

Appeal from an order of the Supreme Court at Special Term, Albany County, which directed the examination of defendant’s insurance carrier in possession of information concerning complaints of previous accidents similar in nature to that alleged by plaintiff in this action. Relying strongly on Finegold v. Lewis (22 A D 2d 447) and Kandel v. Tocher (22 A D 2d 513), appellant contends that the records of the insurance company are not the proper subject of disclosure. It further argues, citing Avila Fabrics v. 152 W. 36th St. Corp. (22 A D 2d 238), that discovery should not be allowed because the…