While 3101(a) provides for full disclosure of "all matter material and necessary in the prosecution or defense of an action," the principle is limited by 3101(b) and (c), which make privileged matter and attorney work product absolutely immune from discovery. In addition, pursuant to 3101(d)(2), material that is prepared in anticipation of litigation is subject to a conditional privilege and is subject to disclosure only on a party's showing a substantial need of the material and the inability to get the substantial equivalent of the material by any other means without undue hardship.
1415, LLC v. New York Mar. & Gen. Ins. Co., NY Slip Op 01589 (2d Dep't March 11, 2020)
Here is the decision.
