DAVILA v. ENVIRONMENTAL PRODUCTS & SERVICES, INC.


270 A.D.2d 224 (2000)

703 N.Y.S.2d 538

MIGDALIA DAVILA, Plaintiff, v. ENVIRONMENTAL PRODUCTS & SERVICES, INC., et al., Defendants. (Action No. 1.) MARIA PEREZ et al., Appellants, v. ENVIRONMENTAL PRODUCTS & SERVICES, INC., et al., Respondents, et al., Defendant. (Action No. 2.)

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

Decided March 6, 2000.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellants' motion to compel the production of the audio tape recording and transcription of an interview of Glenn Suarez, a defendant in both actions, on the ground that the items constituted material prepared in anticipation of litigation (see, CPLR 3101 [d] [2]). The audio tape recording and the transcription thereof were made, produced, and possessed...

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