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WOLKEN v. E. W. HOWELL CO.

41 A.D.2d 545 (1973)

Ronald Wolken, Appellant, v. E. W. Howell Co., Defendant and Third-Party Plaintiff-Respondent. Herbert A. Penner & Co., Inc., Third-Party Defendant-Respondent

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

January 8, 1973

Order affirmed insofar as appealed from, without costs.

Disclosure of the names and addresses of eyewitnesses to the accident, learned by plaintiff in a postaccident investigation, should be made to the third-party defendant, as an exception to the general rule of nonavailability of work product to an adversary (see Zellman v. Metropolitan Transp. Auth., 40 A.D.2d 248). Photographs...

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