HARMON v. HAMILTON BEACH PROCTOR SILEX INC (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Leslie HARMON and Kimberly Harmon, Respondents, v. HAMILTON BEACH/PROCTOR-SILEX, INC., Appellant.

Decided: February 10, 1999

PRESENT: PINE, J.P., HAYES, WISNER, PIGOTT, Jr., and BALIO, JJ.

Woods, Oviatt, Gilman by William Smith, Jr., Rochester, for Defendant-Appellant. Handelman & Witkowicz (Martin S. Handelman, of counsel), Rochester, for Plaintiffs-Respondents.

Supreme Court erred in failing to grant in its entirety the motion of defendant to compel plaintiffs to comply with its notice to produce. Plaintiffs incorrectly relied on CPLR 3101(d)(1) and (2) as authority for the assertion that the documents requested are privileged. The documents in question, prepared by third parties and obtained by plaintiffs' attorney, are neither privileged documents involving expert testimony nor materials prepared in anticipation of litigation or for trial. We thus modify the order by granting in its entirety defendant's motion.

Order unanimously modified on the law and as modified affirmed without costs.

MEMORANDUM:

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