BLINBAUM v. CHAN (2025)

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered on or about March 14, 2025, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel discovery, unanimously affirmed, without costs.

The court properly denied plaintiff's motion to compel production of the insurance claim file and related documents.  “Documents in an insurer's claim file, including an accident investigation report, that were prepared for litigation against its insured are immune from disclosure” (Dabo v. One Hudson Yards Owner, LLC, 176 A.D.3d 631, 632, 109 N.Y.S.3d 634 [1st Dept. 2019]).  Plaintiff, who is not listed on the policy, i.e., a third-party, is not entitled to the materials in defendants’ insurer's claim file, and plaintiff did not show a substantial need for the materials or an inability to obtain their substantial equivalent without undue hardship (see Markel v. Pure Power Boot Camp, Inc., 171 A.D.3d 28, 31, 96 N.Y.S.3d 187 [1st Dept. 2019];  Veltre v. Rainbow Convenience Store, Inc., 146 A.D.3d 416, 417, 45 N.Y.S.3d 30 [1st Dept. 2017]).