CLAVERACK COOPERATIVE INSURANCE COMPANY v. NIELSEN


296 A.D.2d 789 (2002)

745 N.Y.S.2d 604

CLAVERACK COOPERATIVE INSURANCE COMPANY, as Subrogee of M.A.H. LLC, Respondent, v. EDWARD A. NIELSEN, Individually and Doing Business as EDWARD NIELSEN CONTRACTING, Appellant.

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

Decided July 25, 2002.


Mercure, J.P.

Plaintiff paid its insured, M.A.H. LLC, for a fire loss to its real property and, claiming that defendant negligently caused the fire, brought this action to recover the amount paid. Following joinder of issue, plaintiff served a discovery demand seeking, as relevant to this appeal, "all written reports concerning the incident which is the subject of this litigation made in the usual course of business by any person or entity" (para 4), "[a]ll accident...

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