(DOWNLOAD) "Robert Workman v. Boylan Buick" by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert Workman v. Boylan Buick
- Author : Supreme Court of New York
- Release Date : January 21, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[36 A.D.2d 978 Page 978] This action arose out of a claim based on the fact that plaintiff's decedent suffered injuries while riding as a guest in an automobile owned by respondent. The decedent instituted the action and, upon her death, the administrator of her state was substituted as plaintiff. At the examination before trial of plaintiff, he was asked for the name and address of any witnesses to the accident. He replied that although the decedent had told him the name of a witness to the accident, a name obtained by the decedent at the scene of the accident, he could not remember the name and did not know the address. When asked if he would obtain the information from counsel, counsel objected. Upon oral argument before Special Term, plaintiff's attorney was directed to furnish defendant's attorney with the name and address of the witness. On reargument, plaintiff's counsel affirmed that the decedent, his client, had given him the name of the witness but that he had found out the witness' address as a result of his own investigation. No facts are alleged showing the extent of this investigation. Disclosure of the witness' name and address was resisted on the ground that the information represented material prepared for litigation and that it also represented a confidential communication from his client. Special Term adhered to its original determination. In Peretz v. Blekicki (31 A.D.2d 934) we held that a party should be required to disclose the identity of a witness to an accident if it appeared that such matter was not privileged under subdivisions (c) or (d) of CPLR 3101. In Varner v. Winfield (33 A.D.2d 807) we held that the identity of a witness was privileged if it was obtained as a result of an investigation after the happening of the accident (see Hartley v. Ring, 58 Misc. 2d 618). Specifically exempted from this privilege was the identity of a witness which was obtained at the scene of the accident, since the identity could in no way be considered material prepared for litigation. It is conceded by plaintiff's counsel that the name of the witness was obtained by the decedent at the scene [36 A.D.2d 978 Page 979]
 "Robert Workman v. Boylan Buick" by Supreme Court of New York ~ eBook PDF Kindle ePub Free){kind=link}