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TROUP v. MIDLAND-ROSS CORP.

94 A.D.2d 949 (1983)

John S. Troup et al., Plaintiffs, v. Midland-Ross Corporation, Respondent and Third-Party Plaintiff-Respondent, et al., Defendants. Morgan Engineering Company et al., Third-Party Plaintiffs; Bethlehem Steel Corporation, Third-Party Defendant-Appellant

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

May 25, 1983

Order unanimously affirmed, with costs.

Memorandum:

The statements of third-party defendant's employees enjoyed a qualified privilege as material prepared for litigation (CPLR 3101, subd [d]; Shiu Yu Liang v Bateman, 68 A.D.2d 934). Nevertheless, once they were released to third-party defendant Bethlehem pursuant to CPLR 3101 (subd [e]), the liberal disclosure policy underlying CPLR 3101 required full disclosure in...

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