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.