Opinion
December 1, 1997
Appeal from the Supreme Court, Nassau County (McCarty, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the plaintiffs' motion which was to compel the expert of the defendant Incorporated Village of Garden City to turn over the handwritten recorded statements of the infant plaintiffs and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiffs.
The plaintiffs are entitled to copies of those portions of the handwritten notes of the examining psychiatrist of the Incorporated Village of Garden City which contain the statements of the infant plaintiffs made to the examining psychiatrist and recorded by him for the purposes of this litigation ( see, CPLR 3101 [e]; DiMichel v. South Buffalo Ry. Co., 80 N.Y.2d 184, 194, cert denied sub nom. Poole v. Consolidated Rail Corp., 510 U.S. 816; Sands v. News Am. Publ., 161 A.D.2d 30, 40; Sullivan v. New York City Tr. Auth., 109 A.D.2d 879, 880). The Village is not otherwise required to provide the plaintiffs with the psychiatrist's notes upon which his detailed written report is based ( see, Pernice v. Devora, 238 A.D.2d 558; King Elecs. v. American Natl. Fire Ins. Co., 232 A.D.2d 273; Weinberger v. Lensclean Inc., 198 A.D.2d 58).
Rosenblatt, J. P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.