Weiser v. Krakowski
| Decision Date | 29 November 1982 |
| Citation | 456 N.Y.S.2d 94,90 A.D.2d 847 |
| Parties | Herman WEISER, as administrator, etc., Respondent, v. Israel KRAKOWSKI et al., Appellants. Herman WEISER, as administrator, etc., Respondent, v. Barbara GOLDSTEIN also known as Barbara Magor, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Nathan Cyperstein, New York City (Alvin P. Bluthman, New York City, of counsel), for appellants.
Bower & Gardner, New York City (Julian S. Greenspun and Howard R. Cohen, New York City, of counsel), for respondent.
Before TITONE, J.P., and WEINSTEIN, GULOTTA and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In consolidated wrongful death actions arising out of an automobile accident, defendan appeal from so much of an order of the Supreme Court, Kings County, dated October 15, 1981, as granted that part of plaintiff's motion which sought discovery and inspection of written statements of the defendants.
Order reversed insofar as appealed from, with $50 costs and disbursements, and that part of plaintiff's motion which sought discovery and inspection of defendants' written statements denied.
The enactment of CPLR 3101 (subd. [g] ), was not intended to subject to discovery the report of an accident given by a party to his liability insurer or his attorney. Such written reports and/or statements retain the privilege accorded by prior decisional law (see Vernet v. Gilbert, 456 N.Y.S.2d 93 (App.Div.1982) [decided herewith] ).
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