Kaiser v. South Nassau Communities Hospital

• Decision Date: 27 June 1977
• Citation: Kaiser v. South Nassau Communities Hospital, 396 N.Y.S.2d 54, 58 A.D.2d 643 (N.Y. App. Div. 1977)
• Parties: Henry KAISER et al., Respondents, v. SOUTH NASSAU COMMUNITIES HOSPITAL, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 54

396 N.Y.S.2d 54

58 A.D.2d 643

Henry KAISER et al., Respondents, v.SOUTH NASSAU COMMUNITIES HOSPITAL, Appellant.

Supreme Court, Appellate Division, Second Department.

June 27, 1977.

Howard S. Davis, New York City, for appellant.

James M. O'Brien, Rockville Centre, for respondents.

Before LATHAM, J. P., and SHAPIRO, HAWKINS and SUOZZI, JJ.

MEMORANDUM BY THE COURT.

In a negligence action to recover damages for person injuries, etc., defendant appeals from an order of the Supreme Court, Nassau County, dated October 27, 1976, which granted plaintiffs' motion to direct it to produce a certain report prepared by one of its employees.

Order affirmed, with $50 costs and disbursements.

The accident report prepared herein by an employee for her employer in the regular course of business is not material prepared solely for litigation (seeCPLR 3101, subd. (d)).The report is subject to discovery (seeWeisgold v. Kiamesha Concord, 51 Misc.2d 456, 273 N.Y.S.2d 279;Quirino v. New York City Tr. Auth., ...