Finegold v. Lewis

It is provided in the new disclosure statute (CPLR 3101) that “unless the court finds that the material [sought] can no longer be duplicated because of a change in conditions and that withholding it will result in injustice or undue hardship * * * any writing or anything created by or for a party or his agent in preparation for litigation ’ ’ shall not be obtainable by an adverse party.

The principal question here presented is whether a defendant’s written statement to his insurer is “in preparation for litigation ” (CPLR 3101, subd. [d], par. 2). The statement sought was made by the defendant…