Saccente v. Toterhi

Concur — Capozzoli, J. P., Nunez and Tilzer, JJ.; Markewich and McNally, JJ., dissent in the following memorandum by McNally, J.: I would deny the discovery. The photographs of the plaintiff in question were taken by a representative of the defendants’ insurance carrier a short time after the accident. Plaintiffs in tort actions are not entitled to obtain the product of investigations on accidents by automobile liability insurers in preparation for the handling of 1 claims against their insureds. No special circumstances are alleged. There is no showing of prejudice. Plaintiff could have…