Rodolitz v. Greater New York Mutual Insurance

Motion by defendant insurance company for an order pursuant to CPLR 3133 striking the interrogatories 9, 10, 11 and 13 as set forth in plaintiff’s amended demand is denied.

Items 9, 10, 11 and 13 of the amended demand concern the name, address, occupation and report of defendant’s expert or any independent expert from whom defendant has obtained a report as a result of the investigation of the property damage loss of $74,019.14. Defendant’s sole objection is that such information is privileged and not discoverable under Finegold v Lewis (22 AD2d 447) and Kandel v Tocher (22 AD2d 513) because…