Fidelity & Deposit Co. v. S. Stefan Strauss, Inc.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

Before us is plaintiff’s Motion for Production of Documents under Rule 34 of the Federal Rules of Civil Procedure, in which plaintiff seeks a written statement allegedly secured by defendant or its insurer from Erwin Cooper, a former employee of defendant.

This discovery motion arises out of a cause of action in negligence resulting from a fire at the home of Mr. and Mrs. Benjamin H. Buchsbaum on March 8, 1968. The plaintiff, as subrogee to the Buchsbaums’ claims by reason of payment under an insurance policy, alleges in its complaint that…