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Wolken v. E. W. Howell Co.

Ronald Wolken v. E. W. Howell Co., and Third-Party Plaintiff-Respondent. Herbert A. Penner & Co., Inc., Third-Party Defendant-Respondent

Wolken v. E. W. Howell Co., 41 A.D.2d 545 (1973)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 8, 1973
Citations
41 A.D.2d 545339 N.Y.S.2d 2721973 N.Y. App. Div. LEXIS 5345

Opinion of the Court

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In a negligence action to recover damages for personal injuries, plaintiff appeals from so much of an order of the'Supreme Court, Queens County, dated August 14, 1972, as, on reargument, (1) adhered to the original decision denying plaintiff’s prior motion for a protective' order vacating a notice of discovery and inspection by the third-party defendant, (2) directed all the parties to exchange the names and addresses of all witnesses and (3) directed plaintiff to produce for inspection and copying by the third-party defendant of any and all photographs taken at the scene of the accident on the date of the occurrence. Order affirmed insofar as appealed from, without costs. Disclosure of the names and addresses of eyewitnesses tó the accident, learned by plaintiff in a postaeeident investigation, should, be made to the third-party defendant, as an exception to the general rule of nonavailability of work product to an adversary (see Zelbman v. Metropolitan Transp. Auth., 40 A D 2d 248). Photographs'taken of the scene of the • accident on behalf of plaintiff are material prepared for litigation. Such material can "no longer be duplicated because ■ r ; change in conditions; and withholding it will result in injustice or undue hardship ni, therefore, it is subject to disclosure (CPLR 3101, subd. [d]; Saccente v. Toierhi, 35 A D 2d 692). Hopkins, Acting P. J., Munder, Grulotta, Brennan and Benjamin, JJ,, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1976: 11980: 11982: 11988: 119762026peak 1976 · 1

Relies on it most ⓘ

  1. Barber v. Town of Northumberland88 A.D.2d 712 (1982)
  2. Hoffman v. Ro-San Manor73 A.D.2d 207 (1980)
  3. O'Connell v. Jones140 A.D.2d 676 (1988)
  4. Binke v. Goodyear & and Rubber Co.55 A.D.2d 632 (1976)

Most recent

  1. O'Connell v. Jones140 A.D.2d 676 (1988)
  2. Barber v. Town of Northumberland88 A.D.2d 712 (1982)
  3. Hoffman v. Ro-San Manor73 A.D.2d 207 (1980)
  4. Binke v. Goodyear & and Rubber Co.55 A.D.2d 632 (1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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