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MOSCA v. PENSKY

42 A.D.2d 708 (1973)

Leslie A. Mosca, an Infant, by Her Parent Shirley Mosca, et al., Respondents, v. Denise Pensky, Defendant, and Herbert Pensky, Defendant and Third-Party Plaintiff-Appellant. Village of Pelham Manor et al., Third-Party Defendants

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

July 2, 1973

Order reversed, without costs, motion of defendant Herbert Pensky granted, and plaintiffs' cross motion denied. This case is not distinguishable from Fierman v. Cirillo (40 A.D.2d 976), in which we stated that it was an improvident exercise of discretion to grant discovery and inspection of a defendant's liability insurance policy.

We now hold, however, that such disclosure in this case should be denied as a matter of law...

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