HAWLEY v. TRAVELERS INDEM. CO.


90 A.D.2d 684 (1982)

Kenneth K. Hawley, Respondent, v. Travelers Indemnity Company, Appellant

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

October 29, 1982


Order unanimously modified, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term properly granted plaintiff's motion to compel the defendant fire insurance company, to disclose the report of its fire expert since defendant failed to sustain its burden of proving that the report was created in preparation for litigation. Although defendant has shown that when it employed the expert, it may have had "`substantial bona fide reasons...

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