Calkins v. Perry

Order unanimously affirmed with costs. Memorandum: Defendants appeal from an order which granted plaintiffs motion to compel disclosure of certain statements of defendants and various witnesses, and denied defendants’ cross motion for a protective order. Defendants resist disclosure on the ground that the statements, which constitute accident reports, are material prepared in anticipation of litigation.

The court properly ordered disclosure. CPLR 3101 (d) (2) provides that "materials otherwise discoverable * * * and prepared in anticipation of litigation or for trial by or for another party *…