Opinion
May 3, 1990
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Evidentiary material at an arbitration proceeding is not immune from disclosure (Milone v. General Motors Corp., 84 A.D.2d 921). There is an indication in the record that defendants may be taking positions in the arbitration proceeding inconsistent with the position they are jointly asserting in defense of the instant litigation. We think that "possibility" is enough to justify disclosure of the requested documents (see, Allen v Crowell-Collier Publ. Co., 21 N.Y.2d 403, 407).
Concur — Ross, J.P., Asch, Kassal, Wallach and Smith, JJ.