Opinion
July 12, 1985
Appeal from the Supreme Court, Onondaga County, Sullivan, J.
Present — Doerr, J.P., Boomer, O'Donnell, Pine and Schnepp, JJ.
Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred by refusing to grant discovery of defendants' security log book and maintenance log book pertaining to prior accidents and repairs or salting relevant to the location of the accident. Although reports of prior accidents or prior or subsequent repairs may be inadmissible at trial, this is not the test for disclosure under CPLR 3101 (a), which is to be liberally construed ( Hoenig v. Westphal, 52 N.Y.2d 605, 608). Accordingly, pretrial disclosure is permitted of documents "`which, while themselves inadmissible, may lead to the disclosure of admissible proof'" ( Wiseman v. American Motors Sales Corp., 103 A.D.2d 230, 237, quoting Shutt v. Pooley, 43 A.D.2d 59, 60). Under this rationale, documents pertaining to prior accidents and repairs are discoverable ( Mott v. Chesebro-Whitman Co., 87 A.D.2d 573; Hawkins v. Genesee Hosp., 86 A.D.2d 971; Abrams v. Vaughan Bushnell Mfg. Co., 37 A.D.2d 833, 834; Ball v State of New York, 101 Misc.2d 554).
Additionally, the accident report prepared by Dey Brothers should also be disclosed since defendants, as the parties resisting disclosure, have not met their burden of proving that the requested report falls within any exemption ( Viruet v. City of New York, 97 A.D.2d 435, 436). The CPLR permits disclosure by nonparties (CPLR 3101 [a] [4]) and also provides for disclosure of accident reports prepared in the regular course of business (CPLR 3101 [g]).
Special Term was correct, however, in denying plaintiff access to a report prepared by one of the defendant's deputies for the insurer ( Harris v. Processed Wood, 89 A.D.2d 220).