Opinion
May 1, 1967
Order of the Supreme Court, Queens County, dated January 5, 1967, modified by adding to its third decretal paragraph a provision that defendants, upon receipt of a notice from plaintiff to discover specifically identified documents, served pursuant to that paragraph, may move for a protective order with respect to such notice. As so modified, order affirmed insofar as appealed from, without costs. The discovery and inspection directed in the second decretal paragraph of the order shall proceed on 10 days' written notice by plaintiff or at such other time and place as the parties may fix by written stipulation. The order under review gave leave to plaintiff to serve a notice to discover specifically identified documents after first ascertaining by examination whether such documents, i.e., statements and reports "of investigators, agents or other employees of the defendants' liability insurance carrier", existed. Appellants, understandably, fear that the order may be construed as a direction to produce such reports and statements without giving them an opportunity to apply for a protective order under the applicable provision of the CPLR. In our opinion, a provision giving this opportunity to defendants should have been made a part of the order. Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.