Clarke v. First Presbyterian Church of East Aurora

Order reversed, with costs, and motion granted. Memorandum: The report sought to be discovered by defendant was prepared by an expert employed by plaintiffs and was predicated upon the condition of the assembly room floor as it existed nine months after the accident, when the coating of the floor had been changed from that which existed at the time of plaintiff’s fall. It was unquestionably material prepared for litigation which was exempt from disclosure, unless defendant established that it could no longer be duplicated because of a change in conditions and that withholding it would result…