Point Tennis Co. v. Irvin Industries, Inc.

Upon the foregoing papers it is ordered that this motion by plaintiff for a protective order: (1) denying discovery of the transcript of the examination of plaintiff’s president, Hy Zausner; and (2) vacating defendants’ notice for discovery and inspection of said transcript, is granted.

The automatic immunity rule applied in Finegold v Lewis (22 AD2d 447) and other similar cases cited by plaintiff in support of its motion are not pertinent to the instant action. That doctrine is applicable only to statements given to the insured’s liability insurance carrier. (See Welch v Globe Ind. Co., 25…