[DOWNLOAD] "Chemical Bank v. National Union Fire Insurance Company Pittsburgh" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Chemical Bank v. National Union Fire Insurance Company Pittsburgh
- Author : Supreme Court of New York
- Release Date : January 26, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Order, Supreme Court, New York County, entered November 9, 1978, denying plaintiffs motion to produce certain documents, reversed to the extent appealed from, on the law, with costs, motion granted, and defendant directed to produce the documents within 20 days after service of a copy of this courts order with notice of entry thereof. This is an action to recover on a surety bond issued by the defendant guaranteeing repayment of a loan plaintiff made to the Commonwealth Development and Construction Company (Commonwealth). In connection with the transaction, the defendant secured personal guarantees from Commonwealths principals and a second mortgage on real property owned by Commonwealth. As here pertinent, the defendant alleges that the plaintiff misrepresented to it the worth of the real property and the financial reliability of the principals. The appeal is from an order at Special Term denying plaintiffs motion pursuant to CPLR 3124 for an order directing the defendant to produce two documents withheld by it from plaintiff. Disclosure was resisted by defendant on the ground that one of the documents constituted an attorneys work product (CPLR 3101, subd [c]) and was also material prepared for litigation (CPLR 3101, subd [d]) and that the second document was material prepared for litigation. We are satisfied that defendant failed to sustain its burden of establishing the privileged character of the documents (Koump v Smith, 25 N.Y.2d 287), and the order accordingly is reversed. As to the document claimed to be an attorneys work product, we note preliminarily that CPLR 3101 (subd [c]) [70 A.D.2d 837 Page 838]