Mosca v. Pensky

In a negligence action to recover damages for personal injuries, etc., defendant Herbert Pensky appeals from an order of the Supreme Court, Westchester County, dated February 1, 1973, which (1) denied his motion for a protective order against discovery and inspection by plaintiffs of his automobile liability insurance policy and (2) granted plaintiffs’ cross motion for discovery and inspection of the policy. Order reversed, without costs, motion of defendant Herbert Pensky granted, and plaintiffs’ cross motion denied. This case is not distinguishable from Fierman v. Cirillo (40 A D 2d 976),…