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DWORKIN v. METRO. TRANSP. AUTH.

54 A.D.2d 922 (1976)

Thad Dworkin, an Infant, by His Father and Parent, Joseph E. Dworkin, et al., Respondents, v. Metropolitan Transportation Authority et al., Appellants, et al., Defendants

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

November 8, 1976

Order reversed, insofar as appealed from, without costs or disbursements, and the said direction is deleted from the order.

Plaintiffs have not shown that the statements which the court ordered disclosed cannot be duplicated (the statements were taken from three friends of the infant plaintiff) and that the withholding of them will result in injustice or undue hardship. Thus, they are privileged from disclosure (see CPLR 3101, subd [d]; Zellman v Metropolitan Transp...

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