At page 241 cited at this page2 citing cases
- People v. Nat'l Rifle Assn. of Am., 2023 NY Slip Op 06819 (N.Y. App. Div. 1st Dep't 2023).publishedCorp. v Countrywide Home Loans, Inc. , 93 AD3d 574, 574 [1st Dept 2012]; Coastal Oil N.Y. v Peck , 184 AD2d 241, 241 [1st Dept 1992]).
- Nacos v. Nacos, 124 A.D.3d 462 (N.Y. App. Div. 1st Dep't 2015).publishedThe motion court correctly noted that appellants, both of whom are attorneys, but not matrimonial lawyers, and neither of whom appeared in the divorce proceedings, failed to state specific legal tasks they performed, or legal advice they p…
Other citing cases
- Cross Bay Contracting Corp. v. Town of Islip Resource Recovery Agency, 238 A.D.2d 461 (N.Y. App. Div. 2d Dep't 1997).published
- Liberty Petroleum Realty, LLC v. Gulf Oil, L.P., 2018 NY Slip Op 5624 (N.Y. App. Div. 1st Dep't 2018).published
- China Privatization Fund (Del.), L.P. v. Galaxy Ent. Grp. Ltd., 139 A.D.3d 449 (N.Y. App. Div. 1st Dep't 2016).published
v.
James J. Peck
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about April 5, 1991, which, inter alia, ordered the deposition of Jeffrey Walker, unanimously modified, on the law and the facts, to provide that the order requiring Mr. Walker’s deposition is without prejudice to his right to assert either the attorney-client privilege or the work-product privilege, where appropriate, in response to specific questions, and otherwise unanimously affirmed, without costs.
The attorney-client privilege requires some showing that the subject information was disclosed in a confidential communication to an attorney for the purpose of obtaining legal advice (Matter of Priest v Hennessy, 51 NY2d 62, 68-69). The work-product privilege requires an attorney affidavit showing that the information was generated by an attorney for the purpose of litigation (see, Warren v New York City Tr. Auth., 34 AD2d 749). The burden of satisfying each element of the privilege falls on the party asserting it (Matter of Priest v Hennessy, supra, at 69), and conclusory assertions will not suffice (Witt v Triangle Steel Prods. Corp., 103 AD2d 742). Mr. Walker should be afforded an opportunity to satisfy these burdens at his deposition.
We have reviewed plaintiff’s remaining contention, and find it to be without merit. Concur — Ellerin, J. P., Kupferman, Ross, Asch and Kassal, JJ.