Alfaro v. Schwartz, 233 A.D.2d 281 (N.Y. App. Div. 1996). · Go Syfert
Alfaro v. Schwartz, 233 A.D.2d 281 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Rawlins v. St. Joseph's Hospital Health Center (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
Moreover, the fact that “the documents sought may be available in public records does not, in itself, preclude production of those records from a party” (Alfaro v Schwartz, 233 AD2d 281, 282 [1996]; see Long v State of New York, 33 AD2d 621, 621 [1969]; cf. Matter of Beryl, 118 AD2d 705, 707 [1986]).
discussed Cited as authority (rule) Rawlins v. St. Joseph's Hospital Health Center (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2013 · confidence medium
Moreover, the fact that “the documents sought may be available in public records does not, in itself, preclude production of those records from a party” (Alfaro v Schwartz, 233 AD2d 281, 282 [1996]; see Long v State of New York, 33 AD2d 621, 621 [1969]; cf. Matter of Beryl, 118 AD2d 705, 707 [1986]).
discussed Cited as authority (rule) Soussis v. Lazer, Aptheker, Rosella & Yedid, P.C.
N.Y. App. Div. · 2009 · confidence medium
Contrary to Vinar’s contention, the Lazer defendants are entitled to seek contribution or indemnification from him, as a subsequently retained attorney, to the extent his alleged negligence in settling the plaintiff’s arbitration claims may have contributed to or aggravated her injuries (see Schauer v Joyce, 54 NY2d 1, 3-6 [1981]; Alfaro v Schwartz, 233 AD2d 281, 281-282 [1996]; Herkrath v Gaffin & Mayo, 192 AD2d 487, 488 [1993]).
discussed Cited "see, e.g." Z.D. Ex Rel. Zaimah A. v. MP Management, LLC
N.Y. App. Div. · 2017 · signal: see also · confidence medium
The fact that plaintiffs may have been able to access some evidence of lead paint violations in the building from HPD does not preclude plaintiffs from seeking these records directly from defendants in discovery (see Matter of Steam Pipe Explosion at 41st St. & Lexington Ave., 127 AD3d 554, 556 [1st Dept 2015], affd 27 NY3d 985 [2016] [holding that “Con Edison’s independent efforts to obtain publicly-available documents, whether through record searches or Freedom of Information Act requests, do not extinguish third-party defendant’s obligations to comply with the CPLR’’]; see also Al…
discussed Cited "see, e.g." RAWLINS, ANGELA v. ST. JOSEPH'S HOSPITAL HEALTH CENTER
N.Y. App. Div. · 2013 · signal: see also · confidence low
We agree with plaintiff that the court abused its discretion in denying that part of his motion seeking discovery of a protocol entitled “Circulating Vaginal Delivery” (CVD), pursuant to item 14 (see Boyea, 96 AD3d at 1559 ; see also Alfaro, 233 AD2d at 282 ).
Retrieving the full opinion text from the archive…
Richard A. Alfaro
v.
Kenneth B. Schwartz, and Third-Party I. Leonard Feigenbaum, Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Nov 4, 1996.
233 A.D.2d 281
Cited by 7 opinions  |  Published

In an action, inter alia, to recover damages for legal malpractice, the defendant third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (New-mark, J.), dated October 17, 1995, which granted (1) the motion of the third-party defendant to dismiss the third-party complaint and (2) the plaintiff’s motion for a protective order with respect to items 1, 2 (a), 6, 9, 10, and 12 of the appellant’s notice for discovery and inspection.

Ordered that the order is modified by deleting the provision thereof granting those branches of the plaintiff’s motion which were for a protective order with respect to items 2 (a) and 6 of the appellant’s notice for discovery and inspection and substituting therefor a provision denying those branches of the plaintiff’s motion; as so modified, the order is affirmed, with one bill of costs to the third-party defendant payable by the appellant.

Although "[a]n attorney sued for malpractice is entitled to commence a third-party claim for contribution against a[*282] subsequent attorney whose negligence has contributed to or aggravated the plaintiffs damages” (Hansen v Brognano, 137 AD2d 880, 881; Schauer v Joyce, 54 NY2d 1, 5), the record establishes that an attorney other than the third-party defendant was substituted as the plaintiffs counsel in the bankruptcy proceeding at issue in this action. Therefore, we agree with the Supreme Court that the appellant failed to raise a triable issue of fact as to whether he was entitled to contribution and/or indemnification from the third-party defendant for any alleged legal malpractice relating to the bankruptcy.

However, because the value of the plaintiffs properties is relevant to his claim for damages, the court erred in granting that branch of the plaintiffs motion which was for a protective order with respect to the appellant’s request for discovery of the contract of sale and deed pursuant to which the plaintiff obtained an ownership interest in each property under item 2 (a) of the appellant’s notice for discovery and inspection. Discovery of item 2 (a) should be allowed because the information sought is " 'sufficiently related to the issues in litigation to make the effort to obtain it in preparation for trial reasonable’ ” (Matter of Beryl, 118 AD2d 705, 706, quoting Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406-407).

Furthermore, that branch of the plaintiff’s motion which was for a protective order with respect to item 6 of the appellant’s notice for discovery and inspection should have been denied. Because one of the primary issues in this case is whether the bankruptcy proceedings terminated favorably or unfavorably to the plaintiff, the documents filed in the bankruptcy proceedings subsequent to the termination of the appellant’s representation of the plaintiff are relevant and material. That the documents sought may be available in public records does not, in itself, preclude production of those records from a party (see, Long v State of New York, 33 AD2d 621).

The parties’ remaining contentions are without merit. Joy, J. P., Friedmann, Krausman and Florio, JJ., concur.