Item No. 3, as modified, is not privileged and that which is sought therein does not constitute an attorney's work product. (CPLR 3101, subds. [b], [c].) While it may be deemed material obtained in preparation of litigation, as envisioned by CPLR 3101 (subd. [d]), the items sought therein are obtainable since they can no longer be duplicated and withholding same would result in undue hardship to plaintiff (CPLR 3101, subd. [d]). Similarly, plaintiff is entitled to know the...
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