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JOSE RUBEN GUTIERREZ, APPELLANT, v. LARRY H. DUDOCK, ET AL., DEFENDANTS, RENO BRACCHI, ET AL., RESPONDENTS (AND A RELATED ACTION).

DECISION ORDER

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 in the normal course of discovery (see, DiMarco v. Sparks, 212 A.D.2d 965). Thus, suppression of those documents pursuant to CPLR 3103(c) and the imposition of sanctions, costs, and counsel fees against defense counsel are not warranted (see, Hanover Ins. Co. v. Ceriello Elec., 226 A.D.2d 585).

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GUTIERREZ v. DUDOCK
(Oct 30, 2000)