COELLO v. PROGRESSIVE INSURANCE COMPANY


6 A.D.3d 282 (2004)

774 N.Y.S.2d 706

OSWALDO COELLO, Respondent, v. PROGRESSIVE INSURANCE COMPANY, Appellant.

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

April 22, 2004.


Plaintiff seeks the deposition of a forensic engineer who, according to defendant's expert disclosure statement, is expected to testify that he inspected the subject automobile and determined that its ignition system was intact and undamaged, and that the automobile therefore could only have been driven by its own ignition keys. Defendant was properly directed to produce this expert since he appears to be the only person ever to examine the automobile after its recovery and...

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