BEACH v. TOURADJI CAPITAL, LP

603611/08, 7267N.

99 A.D.3d 167 (2012)

949 N.Y.S.2d 666

2012 NY Slip Op 6004

GENTRY T. BEACH et al., Respondents/Counterclaim Defendants-Respondents, v. TOURADJI CAPITAL MANAGEMENT, LP, et al., Defendants/Counterclaim Plaintiffs-Appellants, and VOLLERO BEACH CAPITAL PARTNERS, LLC, et al., Counterclaim Defendants-Respondents.

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

August 21, 2012.


Attorney(s) appearing for the Case

O'Brien LLP, New York City ( Sean O'Brien and Sara A. Welch of counsel), and Gibbons, P.C., New York City ( Elizabeth Ann Fitzwater of counsel), for appellants.

Liddle & Robinson, L.L.P., New York City ( David I. Greenberger , Jeffrey L. Liddle , James R. Hubbard and Jennifer Rodriguez of counsel), for respondents.

Order Supreme Court, New York County, entered September 29, 2011, reversed, on the law, with costs, the order vacated, and the matter remanded for an in camera inspection of the reports to determine what portion, if any, are subject to privilege.


OPINION OF THE COURT

ABDUS-SALAAM, J.

At issue in this appeal is whether reports prepared by a computer forensic analyst retained by plaintiff's counsel in connection with a discovery demand by defendants for production of plaintiff's computers are privileged. The motion court held that the reports are privileged and that the privilege was not waived when the analyst read his reports to refresh his recollection...

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