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ROGERS v. SEARS, ROEBUCK & CO.

248 A.D.2d 156 (1998)

670 N.Y.S.2d 71

Andrew Rogers, as Administrator of The Estate of Catherine Day, Deceased, et al., Plaintiffs, v. Sears, Roebuck and Co. et al., Defendants. (And Other Actions.) Government Employees Insurance Company, as Subrogee of Andrew Rogers, Administrator of The Estate of Catherine Day, Deceased, Respondent, v. Sears, Roebuck and Co. et al., Defendants, and Worthington Cylinders Corp., Appellant

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

March 5, 1998

We agree with the motion court that plaintiff subrogee GEICO met its burden of demonstrating that the requested investigation file of the potential claimant Russell Breer and the expert reports connected therewith are not discoverable pursuant to CPLR 3101 (d) (2) (see, Koump v Smith, 25 N.Y.2d 287, 294; Roman Catholic Church of Good Shepherd v Tempco Sys.,

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