DENEB PIRRONE INDIVIDUALLY ON BEHALF OF HIMSELF AND DERIVATIVELY ON BEHALF OF NOMINAL DEFENDANT SERVOTRONICS INC PLAINTIFF APPELLANT v. SERVOTRONICS INC SERVOTRONICS BOARD OF DIRECTORS THE ONTARIO KNIFE COMPANY KENNETH TRBOVICH DEFENDANTS RESPONDENTS AND SERVOTRONICS INC NOMINAL DEFENDANT (2025)

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion in part and compelling disclosure of Document Nos. 11-22, 29-33, 38-42, 48, 57-59 and 63-65, as numbered in the in camera exhibits, and as modified the order is affirmed without costs.

Memorandum: Supreme Court abused its discretion in denying plaintiff's motion to compel discovery of documents in its entirety. Upon reviewing each of the documents that were in camera exhibits, we conclude that the following documents do not qualify for protection from discovery under the attorney-client privilege, the work product doctrine, or as material prepared in anticipation of litigation: Document Nos. 11-22, 29-33, 38-42, 48, 57-59, and 63-65. We therefore modify the order by granting plaintiff's motion insofar as it seeks disclosure of those items. We have reviewed plaintiff's remaining contention and conclude that it does not warrant further modification or reversal of the order.

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court