BDO USA, LLP v. FRANZ

Index No. 652816/20. Appeal No. 16290. Case No. 2022-02064.

208 A.D.3d 1088 (2022)

175 N.Y.S.3d 229

2022 NY Slip Op 05265

BDO USA, LLP, Appellant, v. Matthew Franz et al., Respondents.

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

Decided September 27, 2022.


Attorney(s) appearing for the Case

McDermott Will & Emery LLP, New York ( Gregory G. Ballard of counsel), for appellant.

Amini LLC, New York ( Lita Beth Wright of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Friedman, Scarpulla, Mendez, JJ.


The motion court providently exercised its discretion in finding that the communications between defendants and counsel for plaintiff BDO were not protected by attorney-client privilege or the attorney work product doctrine, as the interviews that BDO's counsel conducted with defendants before the commencement of this action do not constitute the type of communications generally protected against compelled disclosure (see Spectrum Sys. Intl. Corp. v Chemical Bank,...

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