Disclosure - Material Exempt from Disclosure - Material Prepared for Litigation - Claim File Created by Opposing Party's Insurer

Order, Supreme Court, New York County (Lori S. Sattler, J.), entered on or about March 14, 2025, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to compel discovery, unanimously affirmed, without costs.

The court properly denied plaintiff's motion to compel production of the insurance claim file and related documents. "Documents in an insurer's claim file, including an accident investigation report, that were prepared for litigation against its insured are immune from disclosure" (Dabo v One Hudson Yards Owner, LLC, 176 AD3d 631, 632 [1st Dept 2019]). Plaintiff, who is not listed on the policy, i.e., a third-party, is not entitled to the materials in defendants' insurer's claim file, and plaintiff did not show a substantial need for the materials or an inability to obtain their substantial equivalent without undue hardship (see Markel v Pure Power Boot Camp, Inc., 171 AD3d 28, 31 [1st Dept 2019]; Veltre v Rainbow Convenience Store, Inc., 146 AD3d 416, 417 [1st Dept 2017]). Concur—Moulton, J.P., Kapnick, Mendez, Shulman, Hagler, JJ.