CARLO v. QUEENS TRANSIT CORP.


76 A.D.2d 824 (1980)

Maria Carlo et al., Appellants, v. Queens Transit Corporation et al., Respondents. (And a Third-Party Action.)

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

June 2, 1980


Judgment reversed, on the law, and a new trial granted, with costs to abide the event.

The issue is whether nisi prius erred in denying plaintiffs' application to compel defendant Queens Transit Corporation to produce an accident report filed by its employee, defendant Carson, concerning the incident upon which this action was based. The report was marked with a legend indicating that it had been prepared solely for litigation purposes, that it was confidential and...

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