TOTORITUS v. STEFAN


6 A.D.2d 123 (1958)

Joseph Totoritus, Respondent, v. Peter Stefan, Appellant, et al., Defendant

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

July 1, 1958.


Attorney(s) appearing for the Case

Thomas Rattigan of counsel (Garvey & Conway, attorneys), for appellant.

Louis J. Jasne for respondent.

BOTEIN, P. J., BREITEL and RABIN, JJ., concur in Per Curiam opinion; McNALLY, J., dissents in opinion, in which M. M. FRANK, J., concurs.


Per Curiam.

Defendant in a personal injury negligence action appeals from an order on plaintiff's motion requiring, among other things, that defendant furnish copies of a statement made by plaintiff to defendant's investigator.

The statement was obtained from plaintiff before the action was commenced and before plaintiff was represented by counsel, and in the absence of counsel or legal advice. He was not given...

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