Opinion
10240N Index 150334/17
10-29-2019
Birama DABO, Plaintiff–Respondent, v. ONE HUDSON YARDS OWNER, LLC, et al., Defendants–Appellants.
Cornell Grace, P.C., New York (Porsha Johnson of counsel), for appellants. Sullivan Papain Block McGrath & Cannavo, P.C., New York (Brian J. Shoot of counsel), for respondent.
Cornell Grace, P.C., New York (Porsha Johnson of counsel), for appellants.
Sullivan Papain Block McGrath & Cannavo, P.C., New York (Brian J. Shoot of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Oing, JJ.
Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about October 12, 2018, which denied defendants' motion for a protective order to prevent disclosure of their insurer's accident investigation report, unanimously reversed, on the law, without costs, and the motion granted.
Documents in an insurer's claim file, including an accident investigation report, that were prepared for litigation against its insured are immune from disclosure (see CPLR 3101[d][2] ; Recant v. Harwood , 222 A.D.2d 372, 373–374, 635 N.Y.S.2d 231 [1st Dept. 1995] ). Although documents in a first-party insurance action prepared in an insurer's ordinary course of business in investigating whether to accept or reject coverage are discoverable (see CPLR 3101[g] ; Brooklyn Union Gas Co. v. American Home Assur. Co. , 23 A.D.3d 190, 191, 803 N.Y.S.2d 532 [2005] ), there is no indication that such documents are being protected here. In the absence of any demonstration of hardship by plaintiff, the insurer's accident investigation report remains privileged (see Veltre v Rainbow Convenience Store, Inc. , 146 A.D.3d 416, 45 N.Y.S.3d 30 [1st Dept. 2017] ).