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G.D. SEARLE & CO., INC. v. PENNIE & EDMONDS LLP

308 A.D.2d 404 (2003)

764 N.Y.S.2d 686

G.D. SEARLE & CO., INC., et al., Respondents, v. PENNIE & EDMONDS LLP, Respondent. (Action No. 1.) UNIVERSITY OF ROCHESTER, Appellant, v. PENNIE & EDMONDS LLP, Respondent. (Action No. 2.)

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

Decided September 25, 2003.

The University's motion to amend its complaint was properly denied as its allegations of attorney misconduct do not show conduct sufficiently egregious to warrant an award of punitive damages (see Lavanant v General Acc. Ins. Co., 212 A.D.2d 450, 451 [1995]). The University's motions for various forms of protection against disclosure of privileged information were properly denied on the ground that, by reason of the at-issue doctrine...

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