CLARKE v. FIRST PRESBYTERIAN CHURCH OF EAST AURORA


30 A.D.2d 763 (1968)

Rhea H. Clarke et al., Appellants, v. First Presbyterian Church of East Aurora, Defendant-Respondent and Third-Party Plaintiff. Emulso Corporation, Third-Party Defendant

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

June 24, 1968


Order reversed, with costs, and motion granted.

Memorandum.

The report sought to be discovered by defendant was prepared by an expert employed by plaintiffs and was predicated upon the condition of the assembly room floor as it existed nine months after the accident, when the coating of the floor had been changed from that which existed at the time of plaintiff's fall. It was unquestionably material prepared for litigation which was exempt from disclosure...

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