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MENYWEATHER v. NIAGARA FRONTIER TR.

53 Misc.2d 373 (1967)

Susie Menyweather et al., Plaintiffs, v. Niagara Frontier Transit System, Inc., Defendant.

Supreme Court, Special Term, Erie County.

April 4, 1967

Attorney(s) appearing for the Case

A. E. Schulgasser for plaintiffs. Runals, Broderick, Shoemaker, Rickert, Runals & Vaughan (Patrick J. Berrigan of counsel), for defendant.

MATTHEW J. JASEN, J.

Defendant seeks to discover pursuant to CPLR 3120 the names and addresses of all persons who witnessed the accident described in the complaint.

Plaintiffs oppose this application claiming that the information sought falls under CPLR 3101 (subd. [c]) as the "work product" of their attorney and therefore completely immunized from disclosure.

This action, commenced March 16...

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