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DABO v. ONE HUDSON YARDS OWNER, LLC

10240N, 150334/17.

176 A.D.3d 631 (2019)

109 N.Y.S.3d 634

2019 NY Slip Op 07751

Birama Dabo, Respondent, v. One Hudson Yards Owner, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 29, 2019.

Attorney(s) appearing for the Case

Cornell Grace, P.C., New York (Porsha Johnson of counsel), for appellants.

Sullivan Papain Block McGrath & Cannavo, P.C., New York (Brian J. Shoot of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

Documents in an insurer's claim file, including an accident investigation report, that were prepared for litigation against its insured are immune from disclosure (see CPLR 3101[d][2]; Recant v Harwood, 222 A.D.2d 372, 373-374 [1st Dept 1995]). Although documents in a first-party insurance action prepared in an insurer's ordinary course of business in investigating whether to accept or reject coverage are discoverable (

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