Smith v. Young

OPINION OF THE COURT

Leo F. Hayes, J.

Plaintiff has demanded a copy of any accident report made by defendant or her insurance carrier relative to the auto accident this lawsuit deals with.

Defendant now moves for a protective order on the theory that CPLR 3101 (subd [d]) excludes from discovery the accident report as material prepared for litigation. Subdivision (d) excludes: “2. any writing or anything created by or for a party or his agent in preparation for litigation.”

Plaintiff says the report is discoverable under CPLR 3101 (subd [g]): “Accident reports. Except as is otherwise provided by…