Opinion
283 A.D. 1016 131 N.Y.S.2d 241 RITA NAIMAN, Respondent, v. NIAGARA FALLS INSURANCE COMPANY, Appellant. Supreme Court of New York, First Department. June 8, 1954
Appeal from an order of the Supreme Court at Special Term, entered April 7, 1954, in New York County, which granted a motion by plaintiff for an order striking out defendant's answer unless defendant goes forward with its examination before trial.
Per Curiam.
Special Term has ruled that the defendant's answer was to be stricken unless it produced certain reports made by a firm of investigators, which it engaged to ascertain the facts concerning the validity of plaintiff's claim for loss under a theft policy.
We consider such a report of an investigation made after the claim for loss was presented, and for the purpose of aiding defendant in preparing its defense, to be a document which is not subject to inspection by plaintiff on an examination of defendant before trial. It would not be competent as evidence to support plaintiff's claim, and may not be the subject of compulsory disclosure before trial.
Irrespective of whether the rulings made on the examination are appealable, the present order may be treated as one striking the answer and is, therefore, appealable.
The order appealed from should be reversed, with $20 costs and disbursements, and motion denied.
Dore, J. P., Cohn, Callahan, Bastow and Botein, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied.