Fochetta v. Schlackman, 257 A.D.2d 546 (N.Y. App. Div. 1999). · Go Syfert
Fochetta v. Schlackman, 257 A.D.2d 546 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
7 citation events (5 in the last 25 years) across 4 distinct courts.
Strongest positive: Askari v. McDermott, Will & Emery, LLP (nyappdiv, 2019-11-27)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Askari v. McDermott, Will & Emery, LLP
N.Y. App. Div. · 2019 · confidence medium
Therefore, the original Tekni-Plex continued to control the attorney-client privilege with respect to confidential communications concerning the acquisition, and was entitled to refuse to disclose such communications to the new Tekni-Plex ( see id. at 138-139 ; Fochetta v Schlackman , 257 AD2d 546, 546 ["Given the extent of plaintiff's ownership interest and managerial involvement in defendant corporations prior to the disputed stock surrender, the motion court properly determined that the attorney-client privilege was not properly invoked by defendants to deny plaintiff access to otherwise pr…
discussed Cited as authority (rule) Measom v. Greenwich & Perry Street Housing Corp.
N.Y. City Civ. Ct. · 2002 · confidence medium
(Fochetta v Schlackman, 257 AD2d 546, 547 [1st Dept 1999].) Here, plaintiffs and their attorneys already have exercised their rights by redacting the information plaintiffs or the attorneys claim is privileged attorney-client communications or immune attorney work product.
discussed Cited "see, e.g." Wolfington v. Wolfington Body Co. (2×)
pactcomplphilad · 2000 · signal: see also · confidence low
See also, Fochetta v. Schlackman, 685 N.Y.S.2d 22 , 257 A.D.2d 546 (1999) (holding that attorney-client privilege did not apply to deny plaintiff access to materials essential to prove plaintiff’s claims in a disputed stock surrender case in which plaintiff is a 50 percent shareholder of closely held corporations).
Retrieving the full opinion text from the archive…
Thomas J. Fochetta
v.
Harvey Schlackman
Appellate Division of the Supreme Court of the State of New York.
Jan 28, 1999.
257 A.D.2d 546
Cited by 6 opinions  |  Published

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered June 23, 1998, which directed production of certain demanded records, directed defendants’ attorney to answer questions and denied defendants’ motion for an extension of the discovery deadline, unanimously modified, on the law, the facts and in the exercise of discretion, to grant plaintiffs motion to compel disclosure of invoices subject to in camera inspection of the invoices and redaction of any information as to the nature of services rendered, and to grant the cross motion for an extension of the discovery deadline to the extent of requiring that additional discovery be completed within 60 days after the date of this order, and otherwise affirmed, without costs.

Plaintiff was a principal and a 50% shareholder of each of the closely held defendant corporations until 1996 when he executed the stock surrender, the validity of which forms the focal point of the present litigation. Given the extent of plaintiffs ownership interest and managerial involvement in defendant corporations prior to the disputed stock surrender, the motion court properly determined that the attorney-client privilege was not properly invoked by defendants to deny plaintiff access to otherwise privileged pre-surrender materials essential to the proof of his claims (see, Tekni-Plex, Inc. v Meyner & Landis, 89 NY2d 123, 138). However, as plaintiff has no right to those portions of the sought billing invoices that would reveal client confidences as to services and strategy, we exercise our own discretion (see, e.g., Collazo v City of New York, 213 AD2d 270) to extend the discovery deadline as indicated, so as to, inter alia, facilitate in camera inspection of those invoices and,[*547] where necessary, their redaction (see, Teich v Teich, 245 AD2d 41). Concur—Williams, J. P., Lerner, Rubin and Saxe, JJ.