Geffers v. Canisteo Central School District No. 463201

Appellate Division of the Supreme Court of New York

Geffers v. Canisteo Central School District No. 463201

105 A.D.2d 1062, 482 N.Y.S.2d 635, 1984 N.Y. App. Div. LEXIS 21137

Appellate Division of the Supreme Court of the State of New York·Decided November 7, 1984·Published·Cited by 6 cases

Opinion

Order unanimously affirmed, with costs. Memorandum: Special Term was correct in denying discovery of a memorandum prepared by an attorney as part of his work product. The fact that the memorandum was reviewed by his client in preparation for an examination before trial does not constitute a waiver of the privilege under CPLR 3101 (subd [c]) (see Hickman v Taylor, 329 US 495, 511; Kenford Co. v County of Erie, 55 AD2d 466, 470). (Appeal [1063]*1063from order of Supreme Court, Steuben County, Galloway, J. — discovery.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ.

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Order unanimously affirmed, with costs. Memorandum: Special Term was correct in denying discovery of a memorandum prepared by an attorney as part of his work product. The fact that the memorandum was reviewed by his client in preparation for an examination before trial does not constitute a waiver of the privilege under CPLR 3101 (subd [c]) (see Hickman v Taylor, 329 US 495, 511; Kenford Co. v County of Erie, 55 AD2d 466, 470). (Appeal [1063]*1063from order of Supreme Court, Steuben County, Galloway, J. — discovery.) Present — Hancock, Jr., J. P., Denman, Green, O’Donnell and Schnepp, JJ.

Geffers v. Canisteo Central School District No. 463201, 105 A.D.2d 1062, 482 N.Y.S.2d 635, 1984 N.Y. App. Div. LEXIS 21137 (N.Y. Ct. App. 1984).

Pincite

105 A.D.2d 1062 (Geffers v. Canisteo Central School District No. 463201) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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