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NEW YORK TIMES NEWSPAPER DIVISION OF THE NEW YORK TIMES COMPANY v. LEHRER McGOVERN BOVIS, INC.

300 A.D.2d 169 (2002)

752 N.Y.S.2d 642

NEW YORK TIMES NEWSPAPER DIVISION OF THE NEW YORK TIMES COMPANY, Plaintiff, v. LEHRER McGOVERN BOVIS, INC., et al., Respondents, and PARSONS MAIN OF NEW YORK, INC., et al., Appellants, et al., Defendant. BOVIS LEND LEASE LMB, INC., Third-Party Plaintiff-Respondent, v. PILE FOUNDATION CONSTRUCTION COMPANY, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Other Actions.)

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

Decided December 24, 2002.

Appellants Parsons Main of New York, Inc. and Parsons Main, Inc. (Parsons) appeal from Supreme Court's decision and order determining that a document prepared by Parsons and sent to their outside litigation counsel is not protected from pretrial disclosure either by attorney-client privilege or as material prepared in anticipation of litigation.

According to uncontested affidavits submitted by Robert F. Nugent, Parsons' in-house Senior Counsel, and Michael Chernis...

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