Practice point: CPLR 3101(g) provides, in relevant part, that "there shall be full
disclosure of any written report of an accident prepared in the regular
course of business operations of any person, firm, corporation,
association or other public or private entity." Pursuant to this
statutory provision, accident reports prepared in the regular course of
business operations or practices are discoverable, even if made solely
for the purpose of litigation.
Student note: The burden of demonstrating that a written
report of an accident is immune from disclosure is on the party opposing
discovery.
Case: Jacaroso v. Keyspan Energy Corp., NY Slip Op 05677 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A cause of action barred by the statute of limitations.
