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BRESKIN v. LITRICO

116 Misc.2d 623 (1982)

Fay Breskin, Individually and as Executrix of Milton Breskin, Deceased, Plaintiff, v. Joseph Litrico et al., Defendants. (Action No. 1.) Joseph Litrico et al., Plaintiffs, v. Fay Breskin, as Executrix of Milton Breskin, Deceased, Defendant. (Action No. 2.) Fay Breskin, Individually and as Executrix of Milton Breskin, Deceased, Plaintiff, v. Welsbach Electric Corp., Defendant. (Action No. 3.) (And Third- and Fourth-Party Actions.)

Supreme Court, Special Term, Queens County.

November 16, 1982

Attorney(s) appearing for the Case

Leahy & Johnson for Joseph Litrico, defendant in Action No. 1. Fuchsberg & Fuchsberg for plaintiffs in Action No. 2. Lester Holtzman for defendant in Action No. 2.

ARTHUR W. LONSCHEIN, J.

In these consolidated actions, Joseph Litrico moves for discovery and inspection of his own statement. This statement is in possession of the Allstate Insurance Company, which insured both Litrico and the decedent Breskin at the time of the automobile accident. It is by no means unusual for one company to insure more than one party in an automobile case, but the manner in which the company obtained the statement, and the grounds...

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