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VELTRE v. RAINBOW CONVENIENCE STORE, INC.

158486/14, 2614N, 2613.

146 A.D.3d 416 (2017)

2017 NY Slip Op 00021

45 N.Y.S.3d 30

JOSEPH VELTRE et al., Respondents, v. RAINBOW CONVENIENCE STORE, INC., et al., Defendants, and EUREKA REALTY CORP., Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided January 3, 2017.

Contrary to defendant's contention, plaintiffs made a demand for the entire claims file from defendant's insurer by letter from their attorney, and obtained, over defendant's objection, an order to disclose the file (see CPLR 3124). Nevertheless, the file is immune from discovery, because it was created by defendant's liability insurer (see Recant v Harwood, 222 A.D.2d 372 [1st Dept 1995]), and plaintiffs failed to demonstrate...

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