Practice point: The CPLR establishes three categories of protected materials: (1) privileged matter, absolutely immune
from discovery, pursuant to CPLR 3101[b]; (2) an attorney's work product, also absolutely
immune, pursuant to CPLR 3101[c]; and (3) trial preparation materials, which are
subject to disclosure only on a showing of substantial need and undue
hardship in obtaining the substantial equivalent of the materials by
other means, pursuant to CPLR 3101 [d][2]. As to each category, the protection is supported by policy considerations.
Student note: The burden of establishing a right to
protection is on the party asserting it. The protection claimed will be
narrowly construed, and its application must be consistent with the
purposes underlying the immunity.
Case: Venture v. Preferred Mut. Ins. Co., NY Slip Op 06594 (1st Dep't September 26, 2017)
Here is the decision.
