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ELLEN JOHNSON, Respondent, v. CARL VALENTINO, Appellant, et al., Defendants.

In a personal injury action, defendant Valentino appeals from an order granting discovery and inspection of a certain statement made by plaintiff to a representative of appellant's insurance carrier, the allegation being that the statement was induced by representations that the carrier knew it was at fault and that it was a necessary preliminary to a substantial settlement. Order affirmed, with $10 costs and disbursements, the discovery and inspection to proceed on five days' notice. ( Scheh v. Aylward, 268 App. Div. 1057.) Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

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JOHNSON v. VALENTINO
(Dec 11, 1950)