COHEN v. HARDY


23 A.D.2d 793 (1965)

Harold Cohen, as Parent of Jeffrey Cohen, an Infant, et al., Respondents, v. Willie Hardy et al., Appellants, et al., Defendant

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

April 26, 1965


Order reversed, without costs, and motion denied.

In our opinion, the record fails to show that the statement and reports which plaintiffs seek to discover can no longer be duplicated because of a change in conditions and that withholding them will result in injustice or undue hardship. In the absence of such proof, and since the statements given by an insured to his own insurer constitute material prepared for litigation regardless of when the statements are given...

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