Summary
recognizing that "materials prepared `in anticipation of litigation or for trial' are exempt from disclosure"
Summary of this case from State ex Rel. State Farm Mutual v. BennettOpinion
November 24, 1986
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is affirmed, with costs.
Absent a showing that a party seeking discovery has need of materials in the preparation of the case and is unable without undue hardship to obtain a substantial equivalent by other means, materials prepared "in anticipation of litigation or for trial" are exempt from disclosure (CPLR 3101 [d] [2]). Accordingly, a medical report prepared for litigation remains exempt under the 1985 revision of CPLR 3101 (d) (L 1985, ch 294, § 4; cf. Hoenig v Westphal, 52 N.Y.2d 605, 608-609; Zimmerman v Nassau Hosp., 76 A.D.2d 921, 922; Siegel, Supplementary Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3101:29, p 8 [1986 Pocket Part]).
In addition, we agree with Special Term that the Hospital's request for disclosure of the identity of medical experts was improper and that its request concerning qualifications was excessively detailed (CPLR 3101 [d] [1] [i]). Moreover, the Hospital's request for the "facts and opinions" upon which the plaintiff's expert was expected to testify was improper, as the Hospital was entitled to only the "substance" thereof (CPLR 3101 [d] [1] [i]). The Hospital's demand for disclosure posed only one question that was not subject to objection. Under these circumstances the remedy is not a pruning of the demand either by Special Term or this court, but rather vacatur of the entire demand (see, Nazario v Fromchuck, 90 A.D.2d 483). Mangano, J.P., Weinstein, Lawrence and Eiber, JJ., concur.