42 Misc. 2d 15 | N.Y. Sup. Ct. | 1963
Defendant now moves pursuant to article 31 of the Civil Practice Law and Buies for an order requiring the Monarch Insurance Company (plaintiffs’ automobile liability insurance carrier) and its claims manager or other employee to produce documents and submit to oral examination in respect to “ all legal papers, statements, and including complaints, bills of particulars, transcripts of examinations before trial and releases in actions of Ronald Wightman, an infant, by Pauline Cody, his Guardian vs. Stephen Cataldo, Sr. and Stephen Cataldo, Jr. and William Meyers vs. Stephen Cataldo, Sr. and Stephen Cataldo, Jr.” Substantially the same information is sought as that previously attempted to be obtained by defendant by subpoena duces tecum. (Cataldo v. County of Monroe, 38 Misc 2d 768, affd. 19 A D„2d 852.) Upon the argument plaintiffs’ attorney stipulated his willingness to produce the papers directed to be produced by this court on the previous motion, i.e., pleadings, bills of particulars, transcripts of examinations before trial, and releases executed by or on behalf of passengers in plaintiffs’ automobile.
It is not clear to me that by the statement in its memorandum “We are not in serious disagreement with the general views expressed in the dissenting memorandum relating to discovery and inspection ”, the majority of the Appellate Division intended thereby to express approval of the dissenting Justice’s specific conclusion that any statements given by plaintiffs to the Monarch Insurance Company should be produced. Since the argument and decision of the earlier motion, the Civil Practice Law and
In view of this conclusion I find it unnecessary to decide whether or not the examination sought is warranted by section 3101 (subd. [a], par. [4]) or whether the application is barred by delay in making it.
With the exception of those matters which plaintiffs have consented to produce, the motion is denied, with $10 costs to each plaintiff to abide the event.