Allied Artists Picture Corp. v. Max L. Raab Productions, Inc.
| Citation | 38 A.D.2d 537,327 N.Y.S.2d 167 |
| Parties | ALLIED ARTISTS PICTURE CORPORATION, Plaintiff-Appellant, v. MAX L. RAAB PRODUCTIONS, INC., Defendant-Respondent. |
| Decision Date | 21 December 1971 |
| Court | New York Supreme Court Appellate Division |
T. F. Ryan, New York City, for plaintiff-appellant.
M. London, New York City, for defendant-respondent.
Before STEVENS, P.J., and CAPOZZOLI, MARKEWICH, MURPHY and McNALLY, JJ.
Order, Supreme Court, New York County, entered on October 20, 1971, denying plaintiff's motion for a protective order vacating defendant's notice of discovery and inspection, unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion granted. Appellant shall recover of respondent $30 costs and disbursements of this appeal.
The two interoffice memoranda prepared by plaintiff's former resident counsel and vice-president were legal in nature, in effect, constituting analysis and advice by an attorney to his client. Accordingly, plaintiff has properly invoked the attorney-client privilege (CPLR, 3101(b), (c), (d)). Moreover, the memoranda do not constitute 'evidence material and necessary' to the defense of this action (CPLR 3101(a)).
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...applies to communications with attorneys, whether corporate staff counsel or outside counsel (see, e.g., Allied Artists Picture Corp. v. Raab Prods., 38 A.D.2d 537, 327 N.Y.S.2d 167). Finally, while the cases largely concern communications by clients to their attorneys, CPLR 4503 speaks of ......
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