Fourth Department — Attorney-Client Privilege: Nicastro v. New York Central Mutual Fire Ins. Co.

Appellate Division, Fourth Department

Attorney-Client Privilege

Attorney Work Product

Nicastro v. New York Central Mutual Fire Ins. Co.
CA 13-01136
Appealed from Supreme Court, Erie County

Background: The defendant appealed from an order compelling the production of 200 pages of previously withheld or redacted documents that the defendant argued were protected by the attorney-client privilege.

Ruling: The Appellate Division reversed. The court held the documents at issue were generated as attorney work product as it related to what the defendant may be obligated to pay and did pay in excess of the fire damage on two of the plaintiff’s properties. Further, the documents and communications included legal analysis and advise with respect to the underlying claim.

Marco Cercone of Rupp, Baase, Pfalzgraf, Cunningham & Coppola for the defendant-appellant; Elizabeth A. Kraengel of Duke, Holzman, Photiadis & Gresens for the plaintiff-respondent