Allied Artists Picture Corp. v. Max L. Raab Productions, Inc.

Appellate Division of the Supreme Court of New York

Allied Artists Picture Corp. v. Max L. Raab Productions, Inc.

38 A.D.2d 537, 327 N.Y.S.2d 167, 1971 N.Y. App. Div. LEXIS 2624

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1971·Published·Cited by 5 cases

Opinion

Order, Supreme Court, New York County, entered on October 20, 1971, denying plaintiff’s motion for a protective order vacating defendant’s notice of discovery and inspection, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion granted. Appellant shall recover of respondent $30 costs and disbursements of this appeal. The two interoffice memoranda prepared by plaintiff’s former resident counsel and vice-president were legal in nature, in effect, constituting analysis and advice by an attorney to his client. Accordingly, plaintiff has properly invoked the attorney-client privilege (CPLR 3101, subds. [b], [e], [d]). Moreover, the memoranda do not constitute “ evidence material and necessary ” to the defense of this action (CPLR 3101, subd. [a]). Concur — Stevens, P. J., Capozzoli, Markewich, Murphy and McNally, JJ.

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Order, Supreme Court, New York County, entered on October 20, 1971, denying plaintiff’s motion for a protective order vacating defendant’s notice of discovery and inspection, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion granted. Appellant shall recover of respondent $30 costs and disbursements of this appeal. The two interoffice memoranda prepared by plaintiff’s former resident counsel and vice-president were legal in nature, in effect, constituting analysis and advice by an attorney to his client. Accordingly, plaintiff has properly invoked the attorney-client privilege (CPLR 3101, subds. [b], [e], [d]). Moreover, the memoranda do not constitute “ evidence material and necessary ” to the defense of this action (CPLR 3101, subd. [a]). Concur — Stevens, P. J., Capozzoli, Markewich, Murphy and McNally, JJ.

Allied Artists Picture Corp. v. Max L. Raab Productions, Inc., 38 A.D.2d 537, 327 N.Y.S.2d 167, 1971 N.Y. App. Div. LEXIS 2624 (N.Y. Ct. App. 1971).

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38 A.D.2d 537 (Allied Artists Picture Corp. v. Max L. Raab Productions, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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