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Wolf v. Doyle

Appellate Division of the Supreme Court of New York, First Department
May 10, 1960
10 A.D.2d 916 (N.Y. App. Div. 1960)

Summary

In Wolf v. Doyle (10 A.D.2d 916) the court permitted an examination of an attorney, stating that: "If any privilege is claimed, it may be asserted on the examination", citing Blum Paper Box Co. v. Kalner (277 App. Div. 760).

Summary of this case from Matter of Luckenbach

Opinion

May 10, 1960


Order denying a motion for an examination before trial unanimously reversed on the facts and the law and in the exercise of discretion, and the motion is granted, with costs to the appellants. The action is for professional services rendered in a matrimonial matter, in which the plaintiffs represented Mrs. Doyle and the witness represented Mr. Doyle. The complaint alleges that the husband agreed to pay the plaintiffs' fees. From the papers it appears that the plaintiffs never personally met with the husband but conducted all negotiations for the payment of their fees with the attorney sought to be examined. Upon these facts there is a sufficient showing of special circumstances to permit examination of an attorney employed by an adverse party ( Matter of Gottfried v. Gottfried Baking Co., 4 A.D.2d 1031). If any privilege is claimed, it may be asserted on the examination. ( Blum Paper Box Co. v. Kalner, 277 App. Div. 760. ) Settle order fixing date for examination to proceed.

Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and Stevens, JJ.


Summaries of

Wolf v. Doyle

Appellate Division of the Supreme Court of New York, First Department
May 10, 1960
10 A.D.2d 916 (N.Y. App. Div. 1960)

In Wolf v. Doyle (10 A.D.2d 916) the court permitted an examination of an attorney, stating that: "If any privilege is claimed, it may be asserted on the examination", citing Blum Paper Box Co. v. Kalner (277 App. Div. 760).

Summary of this case from Matter of Luckenbach
Case details for

Wolf v. Doyle

Case Details

Full title:MORRIS WOLF et al., Individually and Doing Business as WOLF BURRELL…

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

Date published: May 10, 1960

Citations

10 A.D.2d 916 (N.Y. App. Div. 1960)

Citing Cases

Matter of Luckenbach

While neither the client nor the attorney may be compelled to produce a document which is privileged, when…