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Roselieve v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1962
15 A.D.2d 884 (N.Y. App. Div. 1962)

Opinion

March 6, 1962


Order entered on October 17, 1961 unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellant, and the motion denied in its entirety. Plaintiff is presently engaged in an examination before trial of various of the defendant's employees, presumably all who might have knowledge of the accident and who gave written statements to their employer. The documents sought would not be evidence ( Urbina v. McLain, 4 A.D.2d 589) and while we have liberalized somewhat the general rule (see Beyer v. Keller, 11 A.D.2d 426), the latter case may be readily distinguished from the case before us. Here there is not that close relationship between the witness and the injured party, nor that disability on the part of the injured party which led us to permit discovery and inspection in the interests of justice in Beyer v. Keller ( supra). At this stage of the litigation we are not persuaded that discovery and inspection is required in the interests of justice, or presently advisable.

Concur — Rabin, J.P., Valente, Stevens, Eager and Bergan, JJ.


Summaries of

Roselieve v. Erie Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1962
15 A.D.2d 884 (N.Y. App. Div. 1962)
Case details for

Roselieve v. Erie Railroad Company

Case Details

Full title:LEROY ROSELIEVE, Respondent, v. ERIE RAILROAD COMPANY, Appellant

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

Date published: Mar 6, 1962

Citations

15 A.D.2d 884 (N.Y. App. Div. 1962)

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