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  5. 225 A.D.2d 313 (1996)
 

COMMERCE & INDUS. INS. CO. v. S.H. LAUFER VISION WORLD, INC.

225 A.D.2d 313 (1996)

639 N.Y.S.2d 8

Commerce and Industry Insurance Company, as Subrogee of Kleinsleep Products, Inc., Respondent, v. S.H. Laufer Vision World, Inc., et al., Defendants Commerce and Industry Insurance Company, as Subrogee of Kleinsleep Products, Inc., Respondent, v. Arthur Deutsch, P. C., et al., Appellants Kim J. Ronaldson as Administratrix of The Estate of Alfred Ronaldson, Deceased, et al., Respondents, v. Automotive Realty Corporation et al., Defendants, and City of New York, Respondent. (And Two Third-Party Actions.)

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

March 5, 1996

The IAS Court properly rejected the conclusory assertion of defendant's insurer that the expert report prepared by Thomas J. Russo Consultants, Ltd. was prepared exclusively for litigation, and correctly held it to be a "mixed file" subject to disclosure (see, Mavrikis v Brooklyn Union Gas Co., 196 A.D.2d 689), upon a record indicating that it was used by defendant's insurer to evaluate...

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