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PATAKI v. KISEDA

80 A.D.2d 100 (1981)

Anthony M. Pataki, as Administrator of The Estate of Margaret Pataki, Deceased, Respondent, v. James Kiseda et al., Defendants, and Steven W. Carroll et al., Appellants

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

April 13, 1981

Attorney(s) appearing for the Case

Vincent P. Nesci, P. C. (Brian J. Daly on the brief), for appellants.

Finkelstein, Mauriello, Kaplan & Levine (Judith L. Lubinsky and Duncan W. Clark of counsel), for respondent.

MOLLEN, P. J., HOPKINS and TITONE, JJ., concur.

WEINSTEIN, J.

This appeal places before this court a rather unusual situation in which two subdivisions of the same section of the CPLR, when read together, appear to require directly contradictory actions. The subdivisions in question are subdivision (d) (par 2) and subdivision (g) of CPLR 3101, and the subject of this appeal is the discoverability of an accident report which was apparently prepared exclusively...

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