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Siemens Solar Indus. v. Atlantic Richfield

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 1998
246 A.D.2d 476 (N.Y. App. Div. 1998)

Opinion

January 27, 1998

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


Notes and memoranda made in connection with a lawyer's interview of a witness procured in the course of litigation constitute attorney's work product, which is absolutely exempt from discovery ( Corcoran v. Peat, Marwick, Mitchell Co., 151 A.D.2d 443, 445; People v. Marin, 86 A.D.2d 40, 43-44; CPLR 3101 [c]). Even if the subject notes and memoranda constitute materials prepared for litigation, but not attorney's work product, plaintiff would not be entitled to examine the materials because plaintiff declined an opportunity to conduct similar interviews of the witnesses for the reason that it did not wish to compensate the witnesses for their expenditure of time.

Concur — Sullivan, J.P., Ellerin, Tom and Andrias, JJ.


Summaries of

Siemens Solar Indus. v. Atlantic Richfield

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 1998
246 A.D.2d 476 (N.Y. App. Div. 1998)
Case details for

Siemens Solar Indus. v. Atlantic Richfield

Case Details

Full title:SIEMENS SOLAR INDUSTRIES, Appellant, v. ATLANTIC RICHFIELD COMPANY…

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

Date published: Jan 27, 1998

Citations

246 A.D.2d 476 (N.Y. App. Div. 1998)
667 N.Y.S.2d 248

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