Wylie v. Consolidated Rail Corp.

OPINION OF THE COURT

Joseph R. Glownia, J.

Plaintiff in this personal injury action served a notice for *84discovery and inspection seeking, among other items, the production of the defendant’s entire internal investigation file pursuant to CPLR 3101 (g). The defendant moved for a protective order pursuant to CPLR 3101 (d) (2) claiming that the items enumerated in paragraph 11 of plaintiffs notice to produce were materials prepared in anticipation of litigation and therefore not discoverable.

The motion was argued on November 25, 1992, at which time this court ordered that the defendant provide all…