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Commercial Union Insurance Company v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 967 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Supreme Court, Erie County, Howe, J.

Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ. (Filed May 30, 1995.)


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted an order unsealing the criminal court records of defendant Shirley Jones. Those records are relevant to plaintiff's affirmative defense of arson in the civil action brought by defendants Thomas Jones and Shirley Jones in Federal court. That action placed in issue the criminal court records of defendant Shirley Jones, and therefore she waived the privilege conferred by CPL 160.50 (see, Wright v Snow, 175 A.D.2d 451, lv dismissed 79 N.Y.2d 822; Lundell v. Ford Motor Co., 120 A.D.2d 575).


Summaries of

Commercial Union Insurance Company v. Jones

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 967 (N.Y. App. Div. 1995)
Case details for

Commercial Union Insurance Company v. Jones

Case Details

Full title:COMMERCIAL UNION INSURANCE COMPANY, Respondent, v. THOMAS JONES et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 967 (N.Y. App. Div. 1995)
628 N.Y.S.2d 925

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