officer of a corporation had no claim to see corporation’s privileged materials or to waive the privilege
How later courts described this case
- officer of a corporation had no claim to see corporation’s privileged materials or to waive the privilege
Written by the judges who cited it.
Distinguished
Distinguished by Roberts v. Corwin, 118 A.D.3d 571 (2014)
We also reject defendants’ argument, relying on our decision in Matter of Weinberg (132 AD2d 190 [1st Dept 1987], lv dismissed 71 NY2d 994 [1988]; Matter of Beiny [Weinberg], 129 AD2d 126 [1st Dept 1987]), that there are circumstances where a counsel’s conduct is so egregious that a court should impose the most severe sanctions, even in the absence of actual prejudice.
Appellate Division of the Supreme Court of the State of New YorkJun 19, 20142 citing opinionsRead itDistinguished by In re the Estate of Marsh, 179 A.D.2d 581 (1992)
Matter of Beiny (129 AD2d 126, rearg denied 132 AD2d 190, lv dismissed 71 NY2d 994), relied on by petitioner, is distinguishable.
The opinion
Kupferman, J. (dissenting in part).
I would grant leave to appeal. Moreover, I cannot subscribe to the hyperbole in the court’s memorandum. The Surrogate, who was fully familiar with the situation, imposed a sanction germane to the problem.
Murphy, P. J., and Milonas, J., concur in an opinion by Muprhy, P. J., to which is appended an Addendum; Kassal, J., concurs for the reasons stated in said Addendum; Kupferman, J., dissents in part in an opinion and would grant leave to appeal.
Motion seeking sealing of record granted to the extent of directing the sealing of copies of suppressed documents or any part of their contents, and the motion for reargument, renewal or for leave to appeal to the Court of Appeals is denied with $20 costs to trustee Beiny.