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ELLIS v. COUNTY OF BROOME

112 Misc.2d 19 (1981)

Philip E. Ellis et al., Doing Business as Phil's Gift Shop, Plaintiffs, v. County of Broome et al., Defendants and Third-Party Plaintiffs. City of Binghamton et al., Third-Party Defendants.

Supreme Court, Special Term, Broome County.

December 30, 1981

Attorney(s) appearing for the Case

Smyk & Smyk (Stephen D. Smyk of counsel), for plaintiffs. Alfred Paniccia, Jr., Assistant County Attorney, for County of Broome and another, defendants and third-party plaintiffs. Kenneth Auerbach, Corporation Counsel, for City of Binghamton, third-party defendant. Night, Keller & Mlynarski (Theodore Mlynarski, Jr., of counsel), for Thomas Torto Construction Corp., third-party defendant.

ROBERT E. FISCHER, J.

In this negligence action, defendants County of Broome and Thompson move for a protective order (CPLR 3103) upon plaintiffs' demand for copies of accident reports.

Utilizing the statutory language, defendants assert generally — without singular reference — that the reports sought are "materials prepared for litigation" not obtainable by reason of the specific exclusion contained in CPLR 3101 (subd [d], par 2...

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