Reese v. Long Island R. Co.

• Decision Date: 06 July 1965
• Citation: Reese v. Long Island R. Co., 262 N.Y.S.2d 194, 24 A.D.2d 581 (N.Y. App. Div. 1965)
• Parties: Walter REESE, Respondent, v. The LONG ISLAND RAIL ROAD COMPANY, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 194

262 N.Y.S.2d 194

24 A.D.2d 581

Walter REESE, Respondent, v.The LONG ISLAND RAIL ROAD COMPANY, Appellant.

Supreme Court, Appellate Division, Second Department.

July 6, 1965.

George M. Onken, Jamaica, for appellant; Richard Dannay, New York City, of counsel.

David H. Gilmartin, Southampton, for respondent; William J. Steinbrecher, Mineola, of counsel.

Before CHRIST, Acting P. J., and BRENNAN, HILL, HOPKINS and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for injury to person and property, arising out of an accident between plaintiff's vehicle and defendant's train at a grade crossing in Southampton, Suffolk County, the defendant appeals from so much of an order of the Supreme Court, Suffolk County, entered April 21, 1965 as denied its renewed motion for a protective order vacating plaintiff's notice for discovery and inspection with respect to the statement of a witness to the accident, and directed defendant to produce said statement.

Order, insofar as appealed from, reversed, with ten dollars costs and disbursements, and motion granted.

The record indicates that Special Term did not give specific consideration to defendant's contention that the statement procured by one of its agents from an eye-witness to the accident between plaintiff's automobile and defendlant's train was procured solely in preparation for litigation (cf.Lonigro v. Baltimore & Ohio R.R., 22 A.D.2d 918, ...