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Joseph v. Angstrom, Inc.

198 A.D.2d 863 Court N.Y. App. Div. Decision date 1993-11-19 English

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p. 863
Mary C. Joseph, Respondent, v Angstrom, Inc., Defendant and Third-Party Plaintiff. Elkem Metals, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.
[604 NYS2d 431]

—Order insofar as appealed from unanimously reversed on the law without costs and cross motion granted. Memorandum: Supreme Court erred insofar as it denied the motion of third-party defendant Elkem Metals, Inc. (Elkem) to compel plaintiff to produce statements in her possession of Elkem’s employees. A party may obtain a copy of his own statement and, if that party is a corporation, it is entitled to obtain any statements made by its employees to an opposing party (CPLR 3101 [e]; Kaye v M & J Assocs., 46 AD2d 894 ; Briggs v Spencerport Rd. Plaza, 19 AD2d 943 ). (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Discovery.) Present — Callahan, J. P., Pine, Balio, Doerr and Boomer, JJ.