The First Department has adopted the Second Department's rule that a party seeking to depose opposing counsel must demonstrate a good-faith basis, in addition to showing that the information sought is material, necessary, and unavailable from another source. The demonstration of good faith is intended to rule out the possibility that the deposition is sought as a tactic intended solely to disqualify counsel, or for some other illegitimate purpose.
Liberty Petroleum Realty, LLC v. Gulf Oil, L.P., NY Slip Op 05624 (1st Dep't 2018)
Here is the decision.
