New York Supreme Court October 16, 1982 (Smith v. Young)

OPINION OF THE COURT

Leo F. Hayes, J.

Plaintiff has demanded a copy of any accident report made by defendant or her insurance carrier relative to the auto accident this lawsuit deals with.

Defendant now moves for a protective order on the theory that CPLR 3101 (subd [d]) excludes from discovery the accident report as material prepared for litigation. Subdivision (d) excludes: “2.