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NY CT Orders Private Fire Investigator to Disclose Factual Observations of his Report
NY CT ORDERS PRIVATE FIRE INVESTIGATOR TO DISCLOSE FACTUAL OBSERVATIONS OF HIS REPORT
In Tracy MacDonald, et al v. Finley's Inc., No. 802 CA 04-03016, 2005 NY Slip Op 5649, the Appellate Division of New York, modified a judge's order on production of a private fire report. The defendant's were ordered to disclose the report of their fire investigator with opinions redacted.
The case involved death and personal injuries of children. The defendants were able to conduct an investigation prior to the demolition of the building two days after the fire, but plaintiffs' expert had no such opportunity.
The court approved of an order requiring the private fire investigator to be deposed about his factual findings. The lower court erred as to production of the expert's opinions. The plaintiffs were entitled to factual data and test results only.
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