Practice point: Plaintiff’s motion for disclosure will be denied when defendant demonstrates that the reports sought were prepared in anticipation of litigation, pursuant to CPLR 3101[d][2].
Practitioners should note that movant must make a showing that there is a substantial need of the materials in preparing the case, and that the materials’ substantial equivalent cannot otherwise be obtained without undue hardship.
Case: Lakes v. Lavelle School for the Blind, NY Slip Op 02899 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Discovery.
