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GUTIERREZ v. DUDOCK

276 A.D.2d 746 (2000)

715 N.Y.S.2d 333

JOSE R. GUTIERREZ, Appellant, v. LARRY H. DUDOCK et al., Defendants, and RENO BRACCHI et al., Respondents. (And a Related Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The respondents improperly obtained certain documents concerning injuries the plaintiff sustained in a motor vehicle accident on June 2, 1995, from a nonparty insurance company without notice to the plaintiff (see, CPLR 3120 [b]). However, the plaintiff was not prejudiced thereby. None of the documents obtained were privileged and the defendants would have been entitled to their production...

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