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MATTER OF ROTRAUT L.U. BEINY. MARTIN WYNYARD v. ANTIQUE COMPANY OF NEW YORK, INC.

256 A.D.2d 139 (1998)

681 N.Y.S.2d 506

In the Matter of ROTRAUT L.U. BEINY. MARTIN WYNYARD et al., Respondents, v. ANTIQUE COMPANY OF NEW YORK, INC., et al., Respondents, and MICHELE B. BEINY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 15, 1998.

While a formal hearing was not conducted, the Referee gave the proponents a fair opportunity to show which of the subject documents are privileged. In particular, the record shows that after an initial inspection of some of the documents, the Referee advised all counsel of the criteria she had developed for deciding which documents had been obtained from independently developed sources and could be turned over, and which were the result of the opponents' former attorneys...

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