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BROOKLYN NAVY YARD v. PMNC

194 Misc.2d 331 (2002)

753 N.Y.S.2d 343

BROOKLYN NAVY YARD COGENERATION PARTNERS, L.P., Plaintiff, v. PMNC, a Joint Venture, et al., Defendants; MISSION ENERGY NEW YORK, INC., et al., Counterclaim Defendants.

Supreme Court, Kings County.

December 16, 2002.

Attorney(s) appearing for the Case

Friedman, Wang & Bleiberg, P.C., New York City (Peter N. Wang, Scott D. Corrigan and Caroline J. Heller of counsel), and LeBoeuf, Lamb, Greene & MacRae, LLP, New York City (Jay G. Safer of counsel), for Brooklyn Navy Yard Cogeneration Partners, L.P., plaintiff, and others, counterclaim defendants.

Schulte Roth & Zabel LLP, New York City (Marcy Ressler Harris and Todd S. Fishman of counsel), and Postner & Rubin, New York City (Jeffrey R. Cruz of counsel), for PMNC and others, defendants.

OPINION OF THE COURT

HERBERT KRAMER, J.

What constitutes a "joint defense" in a civil action entitling the parties to invoke the joint defense privilege to protect documents from disclosure under New York State law?

In this multimillion dollar construction contract litigation poised on the eve of trial,1 plaintiff owner presses its earlier demands for hundreds of documents...

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