Briggs v. Spencerport Road Plaza, Inc.

Order unanimously reversed, without costs of this appeal to any party, and motion granted, without costs. Memorandum: Plaintiffs sue to recover damages for personal injuries received by plaintiff wife when she fell in a store operated by defendant, Loblaw’s, Inc., (herein Loblaw) in a shopping plaza owned by the codefendant. Plaintiffs’ attorney obtained from one of Loblaw’s employees who witnessed the accident, *944a signed statement. Loblaw was denied a discovery and inspection thereof and appeals. Subdivision (e) of section 3101 of the Civil Practice Law and Rules provides that “ A party may…