ROSSI v. BLUE CROSS


73 N.Y.2d 588 (1989)

Dennis Rossi, Appellant, v. Blue Cross and Blue Shield of Greater New York, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Steven Cohen and Arnold V. Goldstein for appellant.

Kevin B. Pollak and John V. Fabiani, Jr., for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

An internal memorandum from a corporate staff attorney to a corporate officer communicating advice regarding a company form that was the subject of an imminent defamation action is protected from disclosure in that action by the attorney-client privilege (CPLR 4503 [a]).

As alleged in the complaint, in April 1984, plaintiff, a physician specializing in radiology, opened a facility for medical...

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