NEWMAN v. LOTWIN


261 A.D.2d 111 (1999)

689 N.Y.S.2d 462

PAMELA J. NEWMAN, Appellant, v. STANFORD G. LOTWIN et al., Respondents.

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

Decided May 4, 1999.


The document in issue, an internal office memorandum outlining possible litigation strategy, including potential witnesses, was clearly prepared in response to a threat of litigation from plaintiff's attorney, and is therefore privileged matter under CPLR 3101 (b). It contains no indication of crimes or other misconduct such as would vitiate the privilege. Concerning the sanction, while it does not appear that plaintiff's attorney circulated any copies of the document after...

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