Legal Opinion

Maser v. County of Onondaga

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1982PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously affirmed, with costs. Memorandum: Plaintiff seeks to depose defendant’s engineer employee as to his expert opinion. CPLR 3101 (subd [a]) provides that “[t]here shall be full disclosure of all evidence material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by: (1) a party, or the officer, director, member, agent or employee of a party”. In light of the liberal policy favoring broad disclosure (Allen v Crowell-Collier Pub. Co., 21 NY2d 403), we believe that the opinion of defendant’s employee-expert falls within this subdivision.…

2Cases cited5 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
  3. Pataki v. KisedaAppellate Division of the Supreme Court of the State of New York · 1981
  4. Johnson v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1975
  5. Brandes v. Pettibone, Inc.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by2 opinions

  1. Lingener v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
  2. Glasburgh v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1995

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