STERN v. AETNA CAS. & SUR. CO.


159 A.D.2d 1013 (1990)

Gary Stern, Respondent-Appellant, v. Aetna Casualty & Surety Company, Appellant-Respondent

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

March 16, 1990


Order unanimously modified on the law and as modified affirmed with costs to plaintiff, in accordance with the following memorandum: Supreme Court erred in limiting discovery and inspection of defendant's files to only those documents predating the commencement of this action. The record of the examination before trial discloses that Aetna's representative reviewed the entire file prior to testifying at his deposition. "We think it a sound rule that writings used prior to...

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