Maiden v. Aid Carpet Service, Inc.

In this action to recover for personal injuries, plaintiff moves pursuant to CPLR 3101 for discovery of any statement made prior to the institution of the action by the individual defendant, the operator of a truck belonging to the corporate defendant, to the insurance carrier covering defendants. Defendants admit that such a statement was taken ten days prior to service of summons on the individual defendant, but resist the application on the ground that the statement is work product and further that no special circumstances have been shown.

Prior to the CPLR, it was the rule that, except for…