Dorato v. Schilp

OPINION OF THE COURT

Casey, J.

Defendants Arthur Schilp and Divya Swaroop (hereinafter defendants) in this medical malpractice action seek copies of the reports of physicians who were retained by plaintiff as experts and prepared the reports for litigation. Plaintiff contends that pursuant to CPLR 3101 (former [d]) (see, Wallace v Benedictine Hosp., 124 AD2d 433, 434), the reports are not obtainable by defendants. We agree with plaintiff.

Since the reports, containing the opinions of experts, were concededly prepared for litigation, and since there is no claim of injustice or undue hardship if…