BARATTA v. PALLOTTA


81 A.D.2d 1040 (1981)

Rose Baratta, Plaintiff, v. John Pallotta, Doing Business as Solvay Automotive Shop, Defendant. Rose Baratta, Plaintiff, v. Mobil Oil Corporation, Defendant and Third-Party Plaintiff-Appellant. John Pallotta, Third-Party Defendant-Respondent

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

May 27, 1981


Order unanimously reversed, with costs, and motion denied without prejudice to renew within 20 days from the date of service of the order herein.

Memorandum:

Third-party defendant's motion for a protective order denying discovery of the results of certain tests was improperly granted (CPLR 3103). A party opposing discovery bears the burden of proving that the material sought was prepared for litigation and, therefore, was immune from disclosure pursuant to...

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