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SHARAPATA v. TOWN OF ISLIP

68 A.D.2d 925 (1979)

Richard Sharapata, an Infant, by His Mother and Natural Guardian, Arlene Sharapata, et al., Respondents, v. Town of Islip, Appellant

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

March 19, 1979

Order affirmed, with $50 costs and disbursements.

Special Term correctly held that communications which preceded the happening of the accident do not constitute "Material prepared for litigation" within the purview of CPLR 3101 (subd [d], par 2) (see Abrams v Vaughan & Bushnell Mfg. Co., 37 A.D.2d 833; Bennett v Troy Record Co., 25 A.D.2d 799;

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