Speight v. Allen

Defendant moves to vacate plaintiffs’ notice for discovery and inspection of defendant’s statements and reports concerning the accident, given to her insurance carrier. Defendant’s position is that, even though these may have been given prior to the institution of suit, they actually are ‘1 material prepared for litigation” and, as such, not obtainable unless the court finds that “ withholding it will result in injustice or undue hardship ” ('CPLR 3101, subd. [d]).

Although this question of discovery of a defendant’s statement to his carrier has not as yet reached the appellate courts,…