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Lakes v. Lavelle School for the Blind

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 16, 2009

TOLANI LAKES, ETC., PLAINTIFF-RESPONDENT,
v.
LAVELLE SCHOOL FOR THE BLIND, DEFENDANT-APPELLANT,
USA UNITED TRANSIT INC., DEFENDANT.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered August 19, 2008, which granted plaintiff's motion for disclosure of certain material and denied defendant Lavelle School for the Blind's cross motion for a protective order as to the material sought, unanimously reversed, on the law, without costs, plaintiff's motion denied, and defendant's cross motion granted.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Nardelli, McGuire, Acosta, DeGrasse, JJ.

15340/07

Defendant demonstrated that the reports sought by plaintiffs were prepared in anticipation of litigation (CPLR 3101[d][2]). Plaintiff failed to make the requisite showing that he has "substantial need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means" (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090416

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