WYLY v. MILBERG WEISS BERSHAD


49 A.D.3d 85 (2007)

850 N.Y.S.2d 14

SAM WYLY, Respondent, v. MILBERG WEISS BERSHAD & SCHULMAN, LLP, et al., Appellants.

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

December 27, 2007.


Attorney(s) appearing for the Case

Milberg Weiss & Bershad, LLP, New York City (Barry A. Weprin and Todd L. Kammerman of counsel), and Stull, Stull & Brody, LLP, New York City (Jules Brody of counsel), for appellants.

Bickel & Brewer, New York City (Luke McGrath, William A. Brewer III, Alexander D. Widell and Nafiz Cekirge of counsel), for respondent.

ANDRIAS, J.P., SWEENY and MALONE, JJ., concur.


OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether petitioner, an absent class member, is entitled to a judgment compelling the production of respondent co-counsels' files, including attorney work product, generated during the course of two consolidated federal class actions.

Petitioner Sam Wyly, on or about April 7, 2000, acquired 971,865 share options of Computer Associates International, Inc. (CA), a large, publicly...

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