Kandel v. Tocher

Breitel, J. P.

In this negligence action plaintiff sues to recover damages for personal injuries sustained while a passenger in defendant’s motor vehicle. The action is defended, in fact, by defendant’s insurer.

Defendant appeals from an order denying his motion for a protective order pursuant to CPLB 3103 and 3122 to preclude plaintiff’s notice given under CPLB 3101 and 3120 for the production of a copy of ‘ the accident report and statements, photographs, diagrams, etc., relating to the accident made prior to the commencement of this action ’ ’. Such documents had been *515made or produced in…