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GREENE v. LEE

112 A.D.2d 140 (1985)

Thomas Greene, Individually and as Father and Natural Guardian of Kivia Greene, an Infant, Appellant, v. Tracey Lee et al., Defendants, and Inter City Tire & Auto Center, Inc., Defendant and Third-Party Plaintiff. Rallye Motors, Third-Party Defendant-Respondent

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

July 1, 1985

Order reversed insofar as appealed from, with costs, and the aforenoted branch of respondent's motion denied.

The material sought by respondent from plaintiff (as listed in the notice to produce dated February 22, 1983) was clearly material prepared for litigation, which enjoys a privilege from disclosure except in certain circumstances (see, CPLR 3101 [d]; Rosado v Mercedes-Benz, 90 A.D.2d...

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