Frawley v. Albrecht

OPINION OF THE COURT

Allan L. Winick, J.

Plaintiff in action No. 2 moves for an order, pursuant to CPLR 3101 (d) (2), compelling discovery and inspection of all prior written and recorded statements given by nonparty witnesses to the defendant and/or her insurance carrier.

Plaintiff’s action arose out of a motor vehicle accident that occurred on August 23, 1992. During the depositions of two nonparty witnesses pursuant to subpoenas issued by the attorneys for the defendants, the nonparty witnesses testified that they had made oral and written statements concerning the accident to both the…