Commercial Union Insurance v. Jones, 216 A.D.2d 967

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted an order unsealing the criminal court records of defendant Shirley Jones. Those records are relevant to plaintiff’s affirmative defense of arson in the civil action brought by defendants Thomas Jones and Shirley Jones in Federal court. That action placed in issue the criminal court records of defendant Shirley Jones, and therefore she waived the privilege conferred by CPL 160.50 (see, Wright v Snow, 175 AD2d 451, lv dismissed 79 NY2d 822; Lundell v Ford Motor Co., 120 AD2d 575). (Appeal from Order of Supreme Court, Erie County, Howe, J.—Unseal Records.) Present—Green, J. P., Lawton, Wesley, Davis and Boehm, JJ. (Filed May 30, 1995.)

Case Details

Case Name: Commercial Union Insurance v. Jones

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 9, 1995

Citations: 216 A.D.2d 967; 628 N.Y.S.2d 890; 1995 N.Y. App. Div. LEXIS 7416

Court Abbreviation: N.Y. App. Div.