At issue on this appeal is whether statements made by defendant to his personal liability insurance carrier constitute material prepared in contemplation of litigation so as to exclude them from discovery pursuant to CPLR 3101 (d) (2). Plaintiff, Benjamin Recant, brought this action for personal injuries sustained when he was struck by a car driven by defendant, Richard Harwood, on November 1, 1990. Following defendant's examination before trial, plaintiff demanded, pursuant...
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