The court providently exercised its discretion in precluding the privileged communication that defendants sought to introduce after four years of extensive discovery and two years after discovery had closed. A showing of willful and contumacious behavior was not required (see Metropolitan Bridge & Scaffolds Corp. v New York City Hous. Auth.,
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GOTTWALD v. SEBERT
Index No. 653118/14. Appeal No. 15733. Case No. 2021-04391.
204 A.D.3d 495 (2022)
164 N.Y.S.3d 458
2022 NY Slip Op 02492
Lukasz Gottwald, Professionally Known as Dr. Luke, et al., Respondents-Appellants, v. Kesha Rose Sebert, Professionally Known as Kesha, Appellant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 14, 2022.
Decided April 14, 2022.
Attorney(s) appearing for the Case
O'Melveny & Myers LLP, New York ( Anton Metlitsky , of counsel) for appellant-respondent.
Mitchell Silberberg & Knupp LLP, New York ( Jeffrey M. Movit , of counsel) for respondents-appellants.
Concur—Acosta, P.J., Kern, González, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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