Zarate v. Mount Sinai Hospital

OPINION OF THE COURT

Harold Baer, Jr., J.

Upon oral argument held on January 13, 1989, defendant and third-party plaintiff Mount Sinai Hospital (Mt. Sinai) seeks an order compelling third-party defendant and fourth-party plaintiff Otis Elevator Company (Otis) to produce examination before trial (EBT) transcripts of one or more employees of Mt. Sinai given in other actions involving Otis. Mt. Sinai’s application is made pursuant to CPLR 3101 (e) on the ground that the EBTs constitute party statements which Otis intends to use at trial for impeachment purposes. Mt. Sinai contends further that the…