AG ENERGY v. NIAGARA MOHAWK POWER CORPORATION (1999)

Supreme Court, Appellate Division, First Department, New York.

AG-ENERGY, L.P., et al., Plaintiffs-Respondents, v. NIAGARA MOHAWK POWER CORPORATION, Defendant-Appellant.

Decided: October 26, 1999

SULLIVAN, J.P., TOM, RUBIN, SAXE and BUCKLEY, JJ.

Allan C. Samuels, for Plaintiffs-Respondents. F. Charles Dayter, for Defendant-Appellant.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about July 10, 1998, which, insofar as appealed from, directed defendant to produce certain documents, unanimously modified, on the facts, to hold that Documents # 100 and # 142 (Attachment D-1) are privileged and not subject to disclosure, and otherwise affirmed, without costs.

Documents # 100 and # 142 (Attachment D-1) written by outside counsel are primarily legal in character, made for the purpose of facilitating the rendition of legal advice or services in the course of an attorney-client relationship, and, as such, are privileged (see, Rossi v. Blue Cross & Blue Shield, 73 N.Y.2d 588, 593-594, 542 N.Y.S.2d 508, 540 N.E.2d 703). The remaining documents either do not concern matters primarily legal in character, or do not contain any indication that they were made for the purpose of obtaining legal advice and directed to an attorney who was consulted for that purpose (see, id.).

MEMORANDUM DECISION.

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