Opinion
May 10, 1999
Appeal from Order of Supreme Court, Steuben County, Scudder, J. — Discovery.
PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND BALIO, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in failing to grant in its entirety the motion of defendant to compel plaintiffs to comply with its notice to produce. Plaintiffs incorrectly relied on CPLR 3101 (d) (1) and (2) as authority for the assertion that the documents requested are privileged. The documents in question, prepared by third parties and obtained by plaintiffs' attorney, are neither privileged documents involving expert testimony nor materials prepared in anticipation of litigation or for trial. We thus modify the order by granting in its entirety defendant's motion.