CO-STAR CONSTRUCTION, INC. v. FRAY, ESQ.


281 A.D.2d 339 (2001)

722 N.Y.S.2d 516

CO-STAR CONSTRUCTION, INC., Respondent, v. FREDERIC C. FRAY, ESQ., et al., Defendants, and STRASSBERG & STRASSBERG, P. C., Appellant.

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

Decided March 27, 2001.


Defendant claims that plaintiff's improper assertion of the attorney-client privilege at its deposition and in its responses to a notice to admit has prevented completion of disclosure, and seeks to compel further disclosure from plaintiff without the impediment caused by this claim of privilege. However, plaintiff's deposition was taken almost a month before the compliance conference at which plaintiff was directed to file a note of issue within three weeks. Yet, for unexplained...

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