Braxton v. Batey

James A. Roe, Jr., J.

This is a motion by the defendant for a protective order vacating plaintiffs’ notice of discovery and inspection of a statement given by the defendant to his own automobile liability insurance carrier and signed by him, describing the automobile accident out of which the instant action arose.

The motion is granted. Whether or not the statement is a privileged communication inasmuch as it was intended as a communication by the defendant to the attorney ultimately to be retained for him by his insurance carrier (cf. Hollien v. Kaye, 194 Misc 821; Liberty Mut. Ins. Co. v.…