FINEGOLD v. LEWIS


22 A.D.2d 447 (1965)

Aaron Finegold et al., Appellants, v. Alva Lewis, Respondent

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

February 1, 1965.


Attorney(s) appearing for the Case

Arthur Bernknopf for appellants.

Flood & Cartiglia (William C. Mattison and Michael Caputo of counsel), for respondent.

BELDOCK, P. J., CHRIST, BRENNAN and HOPKINS, JJ., concur.


UGHETTA, J.

It is provided in the new disclosure statute (CPLR 3101) that "unless the court finds that the material [sought] can no longer be duplicated because of a change in conditions and that withholding it will result in injustice or undue hardship * * * any writing or anything created by or for a party or his agent in preparation for litigation" shall not be obtainable by an adverse party.

The principal...

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