Legal Opinion
Stern v. Aetna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 16, 1990PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: Supreme Court erred in limiting discovery and inspection of defendant’s files to only those documents predating the commencement of this action. The record of the examination before trial discloses that Aetna’s representative reviewed the entire file prior to testifying at his deposition. "We think it a sound rule that writings used prior to testifying for the *1014purpose of refreshing the memory of a witness be made available to the adversary whether at the trial *…
2Cases cited3 opinions
- Doxtator v. SwarthoutAppellate Division of the Supreme Court of the State of New York · 1972
- Merrill Lynch Realty Commercial Services, Inc. v. Rudin Management Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Rouse v. County of GreeneAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- Magee v. Paul Revere Life InsuranceDistrict Court, E.D. New York · 1997
- Hannold v. First Baptist ChurchAppellate Division of the Supreme Court of the State of New York · 1998
- Fernekes v. Catskill Regional Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Crawford v. LahiriAppellate Division of the Supreme Court of the State of New York · 1998
- Serrano v. RajamaniAppellate Division of the Supreme Court of the State of New York · 2004
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