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LANE DANIELS v. ARMSTRONG

42 A.D.3d 558 (2007)

840 N.Y.S.2d 409

NELLA LANE DANIELS, Respondent, v. RICHARD E. ARMSTRONG et al., Appellants, et al., Defendant.

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

Decided July 31, 2007.

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

The Supreme Court properly denied the appellants' motion to compel production of a report completed by a medical expert with whom the plaintiff consulted. The plaintiff established that the report was prepared solely in anticipation of litigation (see CPLR 3101 [d] [2]; Kephart v Burke, 306 A.D.2d 924, 925 [2003]; Santariga v McCann,

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