PLIMPTON v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY


50 A.D.3d 532 (2008)

855 N.Y.S.2d 544

PETER A. PLIMPTON, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY et al., Respondents. (And a Third-Party Action.)

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

Decided April 24, 2008.


The demanded document is a letter to plaintiff from an expert analyzing plaintiff's rights under the disputed policy provisions and, although dated one week before plaintiff formally retained his attorney and two years before commencement of the action, was clearly intended to assist plaintiff in deciding whether to pursue litigation in response to the denial of his claim almost five months earlier. Plaintiff's attorney states that he is

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